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State v. Rogers

Court of Errors and Appeals
May 20, 1929
146 A. 917 (N.J. 1929)

Summary

In State v. Rogers, supra (105 N.J.L., at page 18), the trial court charged the test to be whether the officers used more force than actually was or reasonably appeared to be necessary; and in State v. Larsen, 105 N.J.L. 266, 269 (Sup. Ct. 1929), the trial judge charged that "Within reasonable limits, the amount of force * * * is necessarily left to the sound discretion of the officer, and the officer is responsible only for a wanton abuse of such force."

Summary of this case from State v. Williams

Opinion

Argued March 21, 1929 —

Decided May 20, 1929.

On appeal from the Supreme Court, whose opinion is reported in 105 N.J.L. 15.

For the defendant in error, Johnson V. Allar.

For the plaintiffs in error, Wilbur A. Mott.


The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Parker in the Supreme Court.

For affirmance — THE CHANCELLOR, TRENCHARD, BLACK, CAMPBELL, LLOYD, CASE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, JJ. 10.

For reversal — None.


Summaries of

State v. Rogers

Court of Errors and Appeals
May 20, 1929
146 A. 917 (N.J. 1929)

In State v. Rogers, supra (105 N.J.L., at page 18), the trial court charged the test to be whether the officers used more force than actually was or reasonably appeared to be necessary; and in State v. Larsen, 105 N.J.L. 266, 269 (Sup. Ct. 1929), the trial judge charged that "Within reasonable limits, the amount of force * * * is necessarily left to the sound discretion of the officer, and the officer is responsible only for a wanton abuse of such force."

Summary of this case from State v. Williams
Case details for

State v. Rogers

Case Details

Full title:STATE OF NEW JERSEY, DEFENDANT IN ERROR, v. DANIEL F. ROGERS ET AL.…

Court:Court of Errors and Appeals

Date published: May 20, 1929

Citations

146 A. 917 (N.J. 1929)
146 A. 917

Citing Cases

State v. Williams

The force used may not be more than reasonably appears to be necessary. State v. Rogers, 105 N.J.L. 15, 18-19…

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The law appears to be well established that a police officer in effecting an arrest has the right to use such…