In re Miller

The opinion of the court was delivered by

Johnston, C. J.:

On December 8, 1913, Clay Miller was arrested on view by W. W. Gordon, chief of police of Kansas City, Kan., while the former was driving a beer wagon containing several cases of beer along one of the streets of that city, and taken to the city hall, where, in the absence of the police judge, Gordon fixed Miller’s bond at $500, and then allowed him to go to communicate with his counsel. About three hours later he was released from Gordon’s custody upon a writ of habeas corpus issued by the probate court. Gordon ar*810rested Miller on the…