State v. Cody

The defendant contends, here as he did in the Circuit Court, that the deceased had no authority to arrest the defendant. It will be remembered that the deceased was sheriff of Harney County; that he arrested the defendant in Malheur County. The defendant contends that the crime for which he was arrested was a misdemeanor and the deceased not having in his possession the warrant was not authorized to arrest the defendant. It is conceded that the warrant was not indorsed by any Justice of the Peace in Malheur County. The state contends that the crime charged against the defendant was a felony;…