Bursack v. Davis

It is conceded that the arrest was made and that defendant did strike the plaintiff over the head with the butt of his revolver.

There is a dispute in the testimony as to the details of the transaction, but we deem it unnecessary to discuss them.

Defendant contends that there was no question of false arrest to be submitted to the jury and that the conceded absence of license plates attached to the vehicle was sufficient to justify the defendant as police officer in taking the plaintiff into custody and taking him before the magistrate. This contention is based upon the statute, the parts…