State v. Gulczynski

Pennewill, C. J.,

delivering the opinion of the Court:

There are two questions raised under the testimony:

1. Was the defendant arrested before he admitted he had liquor in his package?

2. Was the officer justified in making the arrest after the admission, without a warrant?

It has been held by this court in some cases that to constitute an arrest, the officer shall place his hand on the accused, or otherwise take possession of his person. But even if this is not necessary, certainly the officer must do or say something from which the accused can reasonably believe that he is under arrest. He must…