Henderson v. State

I concur in the result of the majority opinion. From the holding in Piedmont Hotel Co. v. Henderson, 9 Ga. App. 672 (6) (72 S. E. 51), a case of the nature we now consider, the arrest and detention are parts of a single legal transaction, elements of one offense. If the defendant arrested the person of another illegally, he could not then legally detain or imprison him. If he arrested such person legally, illegally detaining him would have the effect of converting the legal arrest into an illegal arrest.

The defendant’s animus or good faith in both making the arrest and detaining the…