Blocker v. Clark
Supreme Court of Georgia
Action for false imprisonment. Before Judge Eve. City court Charles Blocker brought his action against John W. Clark, alleging that the defendant was the sheriff of Biehmond county; that "H. C. Hall made an affidavit that Charles Blocker had committed the -offense of simple larceny, and on this affidavit a warrant was issued for the arrest of Charles Blocker and placed in the hands of Clark, ■and bjr him turned over to his deputy for execution.
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Action for false imprisonment. Before Judge Eve. City court Charles Blocker brought his action against John W. Clark, alleging that the defendant was the sheriff of Biehmond county; that "H. C. Hall made an affidavit that Charles Blocker had committed the -offense of simple larceny, and on this affidavit a warrant was issued for the arrest of Charles Blocker and placed in the hands of Clark, ■and bjr him turned over to his deputy for execution. On the warrant ■appeared the following memoranda: “Weighs, about 160 pounds; 'brown skin; five feet, ten inches, farm hand; lives in Tuffs Exten■sion,…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. It is absolutely essential to the validity of a warrant that the person to be arrested should be identified by the terms of the warrant. The usual method of identifying the person to be arrested is by the insertion therein of his name. It is not, however, indis*487pensable that the name of the person to be arrested should appear in the warrant, for a warrant may be valid although it may not contain the name of the person whose arrest is directed. But if the warrant does not contain the name, it must contain sufficient data to identify the person to be…
2Cases cited2 opinions
- West v. CabellSupreme Court of the United States · 1894
- Johnston v. RileySupreme Court of Georgia · 1853
3Cited by29 opinions
- People v. RobinsonCalifornia Supreme Court · 2010
- Wilson v. BonnerCourt of Appeals of Georgia · 1983
- Stewart v. WilliamsSupreme Court of Georgia · 1979
- State v. DettCourt of Appeals of Maryland · 2006
- Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
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