Crain v. Commonwealth

EDWARD P. HILL, Justice.

This appeal is from a judgment finding the appellant guilty of the statutory offense of “unlawful arrest and imprisonment” (KRS 435.150) and sentencing him to seven years in prison.

The statute provides a penalty for any person who unlawfully arrests or imprisons another. In common parlance, we think of arrest as the action of an officer of the law, and imprisonment as the placing of a person in a jail or lockup. However, the statute referred to above has been interpreted by text writers and the courts as embracing “any unlawful restraint of a person’s liberties,…