465 S.W.2d 330 (Ark. 1971), 5--5507, Moon v. Sperry & Hutchinson Co.

Docket Nº:5--5507.
Citation:465 S.W.2d 330, 250 Ark. 453
Opinion Judge:[16] The opinion of the court was delivered by: Frank Holt, Justice.
Party Name:F. F. MOON, Appellant, v. The SPERRY AND HUTCHINSON CO., a Corporation, Appellee.
Attorney:[14] Brockman, Brockman & Gunti, for appellant. [15] Warren & Bullion, for appellee.
Case Date:April 12, 1971
Court:Supreme Court of Arkansas
 
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Page 330

465 S.W.2d 330 (Ark. 1971)

250 Ark. 453

F. F. MOON, Appellant,

v.

The SPERRY AND HUTCHINSON CO., a Corporation, Appellee.

No. 5--5507.

Supreme Court of Arkansas.

April 12, 1971.

Brockman, Brockman & Gunti, Pine Bluff, for appellant.

Warren & Bullion, Little Rock, for appellee.

HOLT, Justice.

Appellant instituted this action against the appellee, owner of the S & H Green Stamp [250 Ark. 454] Center, for false imprisonment and detention. The trial court granted a motion for summary judgment against appellant and he appeals. For reversal appellant contends that the trial court erred because there were genuine issues of fact to be resolved by a jury.

Appellant entered the S & H Green Stamp Center to visit one of the employees who happened to be absent. An employee of appellee, Mrs. Lou Coil, thought she saw the handle of a pistol protruding from appellant's pocket while appellant was in the store, acting in a manner that aroused her suspicion. The appellant was a stranger to Mrs. Coil. Mrs. Coil left the store and called the police. Two officers were directed to the Center where they were met outside the building by Mrs. Coil who accompanied them into the store and identified appellant.

There is a conflict of testimony as to the events which occurred after the police arrived. According to the evidence adduced by appellee, the officers approached appellant and asked if he had a gun. Appellant denied possession by saying: 'I do not, search me,' and he put both hands up.

Page 331

The officer then 'patted' the outside of appellant's clothing and determined that appellant was not armed. Appellant was not further detained nor was an additional search conducted. According to appellant's evidence, the police entered the store and approached him after Mrs. Coil had identified him as the man with a gun. After appellant had denied having a gun in his possession, the police asked him what he had in his hand, whereupon he showed them a car key in a leather case and told them he was a longtime local resident. The officers then stated: 'Well, we have orders to arrest you and search you, put up your hands.' Appellant replied: 'Okay, if you find anything why give me half of it please.' He stated the occurrence 'kind of shocked me.' As to the police officers' conduct during the investigation, appellant testified as follows: 'I held my hands up and they went all over me...

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