Discussion Starter · #1 ·
Julius Holmes was in his Macon, Georgia apartment cooking dinner when Officer Rogers arrived to arrest him.
"I'll be damned if you will," Holmes hissed, making a furtive move toward a handgun he had placed on a nearby bed.
GA Court of Appeals - "A policeman under these circumstances cannot be allowed to dispense with a warrant when making or attempting an arrest any more than other officers of the law," continued the appellate court's ruling. When the policemen went into the defendant's house to arrest him without a warrant, they were trespassers in a double sense - trespassing upon the sacred right of personal liberty, and trespassers upon the right of domicile. The defendant had a legal right to resist both trespasses, and to use in resistance as much force as necessary to make that resistance effective."