State ex rel. Malone v. Dreiling

The opinion of the court was delivered by

Burgh, J.:

The action was one of mandamus to compel a justice of the peace to deliver a warrant for the arrest of a person charged with felony to the sheriff of the county instead of to a constable of the township. The writ was denied, and the state appeals.

Complaint was made to the defendant, a justice of the peace of Hays township, in Ellis county, that one Roy Jawks had committed a described felony. The justice issued a warrant for the arrest of Jawks and delivered it to a constable of the township. Jawks was a resident of Graham county. The…