Buchanan v. State

DAVIDSON, Presiding Judge.

Appellant was a policeman in the town of West and arrested the deceased without warrant and had him under arrest and a prisoner at the time of the killing. The contention of appellant is that he arrested the deceased for being intoxicated and for cursing on the street. The evidence is slight as to any profanity by the deceased, in fact, the great preponderance of the evidence shows that not to be a correct statement. Under appellant’s theory, the deceased was not sufficiently drunk to have been arrested, for his idea of being drunk in order to justify an arrest was,…