Wall v. State

On Rehearing.

Our Supreme Court has now, since the rendition of our original opinion, squarely decided, for the first time, as we are advised, that an “officer having authority to make arrest has no authority to arrest fugitive from justice without warrant.” See Bank of Cottonwood et al. v. Hood (Ala. Sup.) 149 So. 676, application for rehearing overruled September 28, 1933.

This gives pith which we were not, before that decision, sure existed in appellant’s argument for error in the trial court’s instructions to the jury to a contrary effect.

True, as pointed out in our original opinion, the…