Phillips v. Fadden
Massachusetts Supreme Judicial Court
Tobt for assault and battery and false imprisonment, at Holbrook, on July 12, 1877. Writ dated September 6, 1877. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows: The plaintiff was arrested without a warrant on the day alleged, by the defendant, a constable of the town of Holbrook, in a public place in that town.
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Tobt for assault and battery and false imprisonment, at Holbrook, on July 12, 1877. Writ dated September 6, 1877. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows: The plaintiff was arrested without a warrant on the day alleged, by the defendant, a constable of the town of Holbrook, in a public place in that town. The evidence was conflicting upon the question whether the plaintiff was or was not intoxicated at the time of his arrest. There was evidence tending to show that after the arrest waa made, and while the officer was taking the…
1Opinion of the CourtAmes, J.
It was provided by the St. of 1869, c. 415, § 42, that “ if a person is found in a state of intoxication in a publio place, or is found in any place in a state of intoxication committing a breach of the peace or disturbing others by noise, any sheriff, deputy sheriff, constable, watchman or police officer shall without a warrant take him into custody, and detain him in some proper place until, in the opinion of such officer, he is so far recovered from his intoxication as to render it proper to carry him before a court of justice. The officer shall then take him before some justice,” &c.,…
2Cases cited1 opinion
- Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
3Cited by25 opinions
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- Muniz v. MehlmanMassachusetts Supreme Judicial Court · 1951
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