An officer in serving process of arrest may break open doors if necessary for the purpose of making an arrest in any criminal case, 11 and if the crime be a felony in fact committed, he may kill the felon to prevent his escape if all reasonable efforts shall have first been used without success to prevent escape.12

But an officer has no right to kill any one to prevent escape in misdemeanor cases, even if the person cannot otherwise be apprehended;13 for the killing under such circumstances by an officer or other person is murder.14

10 Ill. Stat., Chap. 38, Div. 6, Secs.

1,2. 11 Shanley vs. Wells, 71 El., 78;

Cahill vs. People, 106 I11., 621;

4 Blackstone Com., 293; Com.

vs. Reynolds, 120 Mass., 190. 12 4 Blackstone Com., 293; 1 Hale P. C, 481; 1 East P. C, 298;

Jackson vs. State, 66 Miss., 89;

1 McClain Cr. Law, Sec. 298. 12 Tiner vs. State, 44 Tex., 128;

Hanley vs. State, 96 Ala., 48; Dilger vs. Com., 88 Ky., 550;

2 Hale P. C, 117.

14 Reneau vs. State, 2 Lea (Tenn.), 720; State vs. Dietz, 59 Kan., 576.