Fidelity & Deposit Co. v. Commonwealth Ex Rel. Freer

Opinion op the Court by

Judge1 Willis

Affirming on cross-appeal and reversing on direct appeal.

One Sunday evening in December, 1926, as tbe people of Eddyville were gathering at their various places of worship, one Jim Ferguson, with a companion, was driving an automobile rather recklessly about the city. It was known that the sheriff held several misdemeanor warrants for the arrest of Ferguson. He had been arrested on some of them, but had escaped from the custody of the jailer. Earl Moneymaker, a deputy sheriff, learned of the presence and conduct of Ferguson, and notified Sam Gr. Cash, the…