McEathron v. State

While driving his automobile upon a public highway, appellant was stopped and placed under arrest by a private citizen, as distinguished from a peace officer in this state.

The private citizen stopped appellant and arrested him be*622cause he thought he “had the right to detain him from driving like that.”

All the testimony for the state, showing that appellant was drunk and under the influence of intoxicating liquor at the time, was obtained as a result of the arrest — but for which there was no such evidence.

Appellant denied that he was intoxicated at the time. He was supported in that denial by…