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74 Tex. 455

Newby v. Gunn

Texas Supreme Court

Decided June 25, 1889

Texas Supreme Court · decided 1889-06-25

Tried below before Hon. D. H. Scott. Appellant was arrested by appellee J. A. Boothe, deputy sheriff of Lamar County, under instructions from appellee W. T. Gunn, sheriff of that county. After arrest appellees confined appellant in jail and there detained him four days without having carried him before a magistrate or giving him an opportunity to give bail for his appearance.

Decided 1889-06-25

Acker, Presiding Judge.

¶1Appellant brought this suit against appellees to recover damages for false imprisonment, and alleged that he was arrested by appellees without warrant, order, or legal authority, and without any examination was confined in jail by appellees for four days during extremely cold weather, which caused serious injury to his health, good name, and feelings.

¶2The answer of appellees admitted the arrest and confinement as alleged, and pleaded in justification that the arrest was made on informatian received from a reputable citizen that plaintiff was suspected and was guilty of the theft of a coat, and was malting his escape.

¶3The trial was without a jury and resulted in judgment for appellees.

¶4An officer or any other person may arrest without warrant for a felony or an offense against the public peace committed in his presence, or a peace officer may arrest without warrant on verbal order of a magistrate for a felony or breach of the peace committed in the presence or view of such magistrate; or such officer may arrest without warrant when it is shown by satisfactory proof of a creditable person that a felony has been committed and that the offender is about to escape. But in all the cases enumerated the person making the arrest is required to immediately take the person arrested before the magistrate who may have ordered the arrest, or before the nearest magistrate where the arrest was made without an order. Title 5, ch. 1, Code Crim. Proc.

¶5Heither the allegations of the answer nor the evidence adduced upon the trial show any defense to the case made by the allegations of the petition, and we think the first assignment, that the judgment is contrary to the law and the evidence, is well taken.

¶6We are therefore of opinion that the judgment of the court below should be reversed and the cause remanded.

¶7Reversed and remanded.

¶8Adopted June 25, 1889.

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