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
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.