This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
If an officer be resisted and killed by one whom he is attempting to arrest illegally and without color of authority, the killing will not be more than manslaughter unless there was previous or express malice.16
A warrant signed in blank, the name of the person to be arrested being inserted by some one without authority, is a nullity.17
And an officer making an arrest on a void warrant is liable for false imprisonment, no matter what motive may have prompted him in making the arrest.18
An officer may refuse to serve a warrant unlawfully issued.19
 
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