Lane v. Commonwealth

Barron Lane, sometimes hereinafter referred to as defendant, is a police officer in the town of Big Stone Gap. The town has an ordinance which makes it unlawful for any person to “get or be drunk in any public place within” its limits.

*62On September 19, 1947, about ten p. m., Lane, on duty and in the full uniform of a police officer, arrested Archer G. Tate on a public street of Big Stone Gap on a charge of being drunk. During the attempt to search the person of Tate for concealed weapons, Lane struck him with a police billy or night stick and knocked him to his knees. After being handcuffed by…