Osborne v. State
| Decision Date | 01 May 1924 |
| Citation | 87 Fla. 418,100 So. 365 |
| Parties | OSBORNE v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Volusia County; J. J. Dickinson, Judge.
Joe Osborne was convicted of an aggravated assault, and he brings error.
Reversed for new trial.
Syllabus by the Court
Officers may arrest without warrant persons whom they believe to have committed felony. Under the law of this state, sheriffs police officers, and other executive officers are not only authorized, but it is made their duty, to arrest and take in custody without warrant any person whom such officer has reasonable ground to believe and does believe has committed a felony.
Exclusion of evidence that officer charged with assault had reasonable ground to believe that prosecuting witness arrested without warrant had committed felony held erroneous. The refusal of the trial court to admit evidence showing that the defendant a police officer, had reasonable ground to believe that the prosecuting witness when arrested by defendant had committed a felony deprived him (defendant) of substantial defense and was reversible error.
E. W. & R. C. Davis, of Orlando, and M. G. Rowe, of Daytona, for plaintiff in error.
Rivers Buford, Atty. Gen., and J. B. Gaines, Asst. Atty. Gen., for the State.
Joe Osborne, chief of police of Daytona, Fla., was indicted for assault with intent to commit murder in the first degree and upon trial was convicted of aggravated assault. A judgment imposing a fine of $50, or, in default of payment thereof confinement in the county jail for a period of 30 days was imposed and writ of error taken to this court.
The crime for which Osborne was indicted grew out of an attempt on his part to arrest without a warrant one C. T. Pent, the prosecuting witness, he having reasonable ground to believe that Pent had committed a felony.
The first, second, third, fourth, and fifth assignments of error challenge the refusal of the trial court to admit evidence showing that Osborne had reasonable ground to believe that Pent had in fact committed a felony.
Under section 6029, Revised General Statutes of Florida 1920, sheriffs, police officers, and other executive officers in this state are not only authorized, but it is made their duty to arrest and take in custody without warrant any person whom such officer has reasonable ground to believe, and does believe, has committed any felony.
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Rankin v. Evans
...reason' and must 'believe' from observation and evidence at the point of arrest" that the person was guilty); Osborne v. State, 87 Fla. 418, 100 So. 365, 366 (1924) (officer has probable cause to arrest "any person whom such officer has reasonable ground to believe, and does believe, has co......
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Smith v. State, 77-1856
...So.2d 879 (Fla.1956); Brown v. State, 46 So.2d 479 (Fla.1950); Jeffcoat v. State, 103 Fla. 466, 138 So. 385 (1931), and Osborne v. State, 87 Fla. 418, 100 So. 365 (1924). We note that probable cause to arrest is not to be equated with the standards of conclusiveness and probability required......
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Jeffcoat v. State
... ... that Officer Strickland had reasonable ground to believe that ... the defendant had committed a felony. He had heard of ... previous trouble that Jeffcoat [103 Fla. 473] had had with ... his wife. Under these circumstances, it seems that the arrest ... without a warrant was lawful. Osborne v. State, 87 ... Fla. 418, 100 So. 365 ... As to ... the so-called search of the automobile, it is apparent from a ... reading of the evidence that it was unnecessary to make a ... search; that the defendant drove to the hospital in the ... automobile, admitted it was his car, ... ...
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City of Miami v. Nelson, 65-513.
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