Courtoy v. Dozier
Supreme Court of Georgia
Trespass, in Dooly. Tried before Judge Powers, April Term, 1856. Richmond Dozier and his wife, Jane, brought their action of trespass against Earnest Courtoy for false imprisonment. Upon the trial, plaintiffs offered in evidence the affidavit of' the defendant, charging them with larceny, the warrant upon which they were arrested, and the proceedings before the Magistrates in the preliminary investigation had before them.
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Trespass, in Dooly. Tried before Judge Powers, April Term, 1856. Richmond Dozier and his wife, Jane, brought their action of trespass against Earnest Courtoy for false imprisonment. Upon the trial, plaintiffs offered in evidence the affidavit of' the defendant, charging them with larceny, the warrant upon which they were arrested, and the proceedings before the Magistrates in the preliminary investigation had before them. Also, the evidence of the arresting officer, Elijah Calhoun, Constable, who testified, that he went to Perry, Houston County, and the Solicitor General told him to arrest…
1Opinion of the Court
*371 By the Court.
Lumpkin, J
delivering the opinion.
[1.] The Circuit Judge charged the Jury, that the facts proven in this case constituted an arrest. And we think he wan right. Whether the Constable may not have been guilty of an escape in extending to the Doziers the liberty which he •■did, is another question.
2Cited by3 opinions
- Clements v. StateSupreme Court of Georgia · 1970
- People v. MirbelleAppellate Court of Illinois · 1934
- Sherman v. StateCourt of Appeals of Georgia · 1907