Durham v. State

Durham (plaintiff on this appeal, the officer-defendant at trial), a deputy game warden, arrested Long for illegal fishing; while attempting to escape custody, Long beat Durham about the head with a boat oar, and Durham shot Long in the arm. At Durham's trial for assault and battery, the judge instructed the jury that Durham had no authority to use any weapon that endangered Long's life or inflicted serious wounds, given that illegal fishing was only a misdemeanor - meaning Durham would be guilty if he used a dangerous weapon in a way that endangered Long's life at all. Durham was convicted, his motion for new trial was denied, and he appealed.