Newburn v. Durham

• Decision Date: 27 May 1895
• Citation: 31 S.W. 195
• Parties: NEWBURN v. DURHAM et al.
• Court: Texas Supreme Court

31 S.W. 195

NEWBURN v. DURHAM et al.

Supreme Court of Texas.

May 27, 1895.

Certified questions from court of civil appeals of First supreme judicial district.

Action by Geary Newburn against B. A. Durham and others for damages for an alleged illegal arrest. On appeal certain questions were certified by the court of civil appeals to the supreme court.

T. B. Greenwood & Son and A. G. Greenwood, for appellant. J. R. Burnett, for appellee.

DENMAN, J.

The court of civil appeals have certified to this court the following questions: "First. Can the marshal of a town incorporated under the general laws of this state, by virtue of his office, under the circumstances specified in article 229 of the Code of Criminal Procedure, lawfully arrest one beyond the limits of the town for a felony committed within the county, but not within the town? Or, in other words, can the marshal of such town exercise the powers conferred in said article upon a peace officer beyond the limits of his town, save when the arrest is made for a felony committed within the corporate limits of the town? Second. If a marshal of such town, without authority of law, arrest a person several miles beyond the limits of his town, the arrest being made upon a charge of felony committed within the county, but several miles from the town, and the person so illegally arrested be taken against his will, by his captor, within the town, and by him be there illegally restrained of his liberty for a short time, are the sureties of the marshal made liable, jointly with him, in damages to the party so wrongfully deprived of his liberty, by the fact that the false imprisonment, which commenced beyond the limits of the town, was by the marshal, under color of his office, continued for a short while within the town?" Independent of statute, the authority or jurisdiction of the marshal would not extend beyond the city limits. Lawson v. Buzines, 3 Har. (Del.) 416. The question, then, is, have the statutes of this state extended the authority of the marshal in the matter of making arrests beyond the city limits? Article 229, Code Cr. Proc., provides that: "Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the person accused." Article 44, Id., is as follows: "The following...