Childers v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hou. Williams Jackson. Frank Childers was convicted of assault and battery, and he appeals. The assault and battery is alleged to have been committed upon Louis Baggett.
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Appeal from Bessemer City Court. Heard before Hou. Williams Jackson. Frank Childers was convicted of assault and battery, and he appeals. The assault and battery is alleged to have been committed upon Louis Baggett. The justification set up by way of plea and otherwise was that the defendant was a police officer of the city of Bessemer at the time of the alleged assault and battery; that it was committed, if at all, by making the arrest; and that, although the arrest was made without warrant and on verbal complaint, the charter of the city of Bessemer and its ordinances authorize and empower…
1Opinion of the CourtDowdell, J.
In Williams v. State, 44 Ala. 41, it was decided by this court that the inhibition contained in section 7, art. 1, of the Constitution of 1868, which is the same as section 5 of our present Constitution, was against the • issue of Avarrant of arrest Avithout an affidavit, and not against the making of an arrest without a Avarrant. That case was cited approvingly in Ex parte Thomas, 100 Ala. 102, 18 South. 517, and we know of no case in Avhich there has been any departure. There being no constitutional prohibition, state or federal, it is undoubtedly within legislative competency by statute to…
2Cases cited2 opinions
- Williams v. StateSupreme Court of Alabama · 1870
- Dean v. StateSupreme Court of Alabama · 1893
3Cited by9 opinions
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
- Sherrod v. StateAlabama Court of Appeals · 1916
- Deason v. GraySupreme Court of Alabama · 1915
- United States v. RobinsonCourt of Appeals for the Fifth Circuit · 1981
- Rhodes v. McWilsonAlabama Court of Appeals · 1917
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