Smith v. Bryson

WILLSON, O. J.

(after stating the ease as above).

We agree with appellants in their contention that it did not conclusively appear from the evidence that appellant Smith (1) did not have a lawful right to arrest .appellee for assaulting one Brewer, and, having arrested him (2) did not have a right to handcuff him ; and with their further contention that thfr trial court therefore erred when he instructed the jury as he did.

By force of the statute (article 212, Rev. O. O. P. of 1925) Smith had a right to arrest appellee if the latter in the. former’s presence or within his view assaulted Brewer.…