People v. Brown

394 N.E.2d 63 (1979)

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Nature of the Case

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Facts

D and two friends drove to near the town square. All three men walked through an alley behind a supermarket where there was an enclosure containing such bottles. D jumped onto one side of the enclosure, observed its contents, and told his friends there were a lot of pop bottles inside it. They left and met another friend. D then asked if the new friend wanted to get pop bottles. D and two others returned, but one of them remained sleeping on the curb. D asked both of the men to get bottles, but both refused. All four men were walking away from the enclosure when they noticed a van pulling into the alley. D and another began to run away. The van was driven by Deputy City Marshal Ed O'Neil, who pursued the fleeing men. O'Neil yelled, 'stop, or I'll shoot.' They stopped and were arrested. The men were about 27 feet away from the enclosure when the Deputy first observed them. D was sentenced to a two-year term of probation, with 30 days in jail, and fined $1,000. D appealed.