Murphy v. Kron
New York Supreme Court
Appeal by the defendant from a judgment for the plaintiff after trial at circuit, and from an. order denying a new trial, Elmer Murphy sued George H. Kron and one Bletzcr, for assault and battery and false imprisonment under the following circumstances. The defendants were police officers of the city of Roehester.
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Appeal by the defendant from a judgment for the plaintiff after trial at circuit, and from an. order denying a new trial, Elmer Murphy sued George H. Kron and one Bletzcr, for assault and battery and false imprisonment under the following circumstances. The defendants were police officers of the city of Roehester. On Dee. 3, 1885, a warrant was issued by the police justice of that city, to arrest plaintiff on a charge of larceny, to wit: the stealing of a dog of the value of ten dollars, the property of John Heman. The warrant was handed to the defendant Kron, who took the defendant Bletzer…
1Opinion of the Court
By the Court.*—Haight, J.
Section 170 of the Code of Criminal Procedure provides that: “ If the crime
charged be a felony, the arrest may be made on any day and at any time of the day or during any night. If it be a misdemeanor, the arrest cannot be made on Sunday or at night unless by direction of the magistrate endorsed upon the warrant.” It follows that the defendants were not justified in making the arrest at the time that they did, and that the court properly charged that there was a false imprisonment as soon as the defendants took the plaintiff into custody.
It is contended that the…
2Cited by5 opinions
- Snead v. . BonnoilNew York Court of Appeals · 1901
- People v. Baxter, New York County Courts1942
- People v. HowardAlbany Court of Special Sessions · 1895
- Foye v. SewellNew York Court of Common Pleas · 1888
- People v. HowardNew York Court of Special Session · 1895