State v. Hedrick
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. Charles So ward. The character of this case and the material facts are clearly indicated in the opinion of the court and in the head-notes.
1Opinion of the Court
Walker J.
This was an indictment against a sheriff for permitting a prisoner to escape. The court quashed the indictment for the reason set forth, that it does not, upon its face, show that the arrest of Long (the escaped prisoner), was legal, nor that he had been placed in the custody of the sheriff by legal authority.
It does appear to us that it would be difficult to find the same number of more utterly futile objections than are here thrown together. The sheriff is an officer of the law, a conservator of the peace, and may make arrests in certain cases without any other authority than that…
2Cited by1 opinion
- State v. WalkerTexas Supreme Court · 1874