Watson v. State
| Decision Date | 10 January 1888 |
| Parties | WATSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Butler county; JOHN P. HUBBARD, Judge.
D. A Watson was indicted for committing an assault and battery on Harrison Ward, while assisting an officer to arrest him under a warrant for another person. Watson was convicted, and appeals.
Thos. N. McClellan, Atty. Gen., for the State.
The defendant was convicted on a charge of having committed an assault and battery on Harrison Ward. The only material question presented by the record is whether the defendant is guilty of the offense charged, if he, without doing more, and using no excess of force, merely arrested, secured and delivered him to the deputy sheriff, who a few moments previously had called on the defendant to assist in making the arrest, informing him that he had a warrant for Ward's arrest, but in fact had no such warrant, having mistaken him for another person of the same surname, but different Christian name. By section 4666, Code 1876, it is made the duty of every person, when required to do so by an officer, to assist him in making an arrest; and by section 4139 it is made a criminal offense to refuse or neglect to obey the command of any sheriff, constable, or other officer having authority, when summoned or commanded to assist such officer in making an arrest. Any officer, authorized by law to make arrests, is empowered to summon or command necessary and proper assistance in apprehending criminals. A deputy-sheriff is authorized to make arrests. In 1 Bish Crim. Proc. § 185, the author says: The power of the officer to command assistance, when necessary, is essential to the due execution of the criminal law, and to the protection of society. This power, which extends to calling to his aid the posse comitatus, oftentimes would be unavailing, especially in emergencies requiring prompt action and assistance, if the person summoned was required...
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