Nature of the Case
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Facts
Warden Savage received a telephone call which impelled him to dress in his uniform and go out to stop and examine automobiles headed toward the border. Savage used his truck as a partial roadblock. He stepped in front of D's car, so he was illuminated by his own headlights and signaled D's car with a flashlight to stop. Savage was dressed in a full uniform and badge. The car failed to stop and even swerved towards the warden. The mirror on the driver's side struck the warden on the elbow as he jumped from its path. The car went partially off the road, and Savage gave chase and hit the windshield with his flashlight a number of times. The car refused to stop, and Savage took out his pistol and fired a shot at the tire. He fired another shot and the car eventually stopped on a bridge. The driver got out and dropped the keys which Savage put in his pocket. Savage then saw the passenger pulling a pistol from under the front seat. The passenger threw the pistol to the driver and was confronted with a rifle. A Mrs. Pelletier tried to restrain D. D took the warden's revolver and flashlight. The man with the rifle marched the warden back up the hill near his truck tore the wires from its ignition system and rendered his two-way radio inoperable. The driver of the car demanded his keys which the warden gave him. When the rifle was turned away, Savage ran toward the woods, and the men then ran for their car which was then driven away toward the border. It was then about 2:45 A.M. and very foggy. Ds were arrested, and only Savage and Mrs. Pelletier testified at trial. The only difference in their testimony was Mrs. Pelletier claimed that after the car stopped the warden pointed his gun at the driver, 'making signs for him to get out.' Canadian authorities cooperated, and the revolver was returned. Ds were convicted of larceny from the person and appealed.
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