Dougherty v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the lion. Thomas M. Arrington. The appellant was indicted, tried and convicted for failure to assist an officer in making an arrest.
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Appeal from the City Court of Montgomery. Tried before the lion. Thomas M. Arrington. The appellant was indicted, tried and convicted for failure to assist an officer in making an arrest. On the trial of the cause, as is shown by the bill of exceptions, the testimony for the State tended to show that one T. J. Watts, who was, at the time a deputy sheriff of Montgomery county, detected a negro by the name of Bob Cleveland stealing from a car of one of the railroads-near the city of Montgomery; that the defendant ran into the store of C. J. Dougherty, where the said Watts pursued him ; that…
1Opinion of the CourtHaralson, J.
— 1. It is not denied that the deputy sheriff was clothed under the statute with-the authority to arrest the party, Bob Cleveland, — whom he caught stealing from a railroad car. — Code, § 4262. Nor is it denied that under the statutes of this State, it is the duty of every private person, when required by an officer, to assist him in making an arrest, and that a refusal to do so isa misdemeanor. — Code, §§ 4262, 4264, 3976; Martin v. The State, 89 Ala. 118.
2. An arrest may be said to be effected, when the party arrested submits himself to the power of the arresting officer, and it may be…
2Cases cited2 opinions
- Floyd v. StateSupreme Court of Alabama · 1886
- Williams v. StateSupreme Court of Alabama · 1870
3Cited by12 opinions
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- Keesling v. StateCourt of Appeals of Maryland · 1980
- Gibson v. StateSupreme Court of Alabama · 1915
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