Majority
p. 304The People, Resp’t, v. Allen Barber, App’lt. (Supreme Court, General Term, Third Department, Filed December, 1893.)
Headnote
Criminal law—Arrest.Where a person is committing an offense under § 448 of the Penal Code, in the presence of a constable, the latter has authority to arrest him for such offense without a warrant.
Appeal from a judgment of the court of sessions adjudging defendant guilty of assault in the second degree.
B. M. Moore, for app’lt; Fred’k O. Paddock, for resp’t.
It seems to me that the indictment sufficiently sets forth an offense under § 218 of the Penal Code. The evidence shows that the defendant was committing an offense under § 448 of the Penal Code. The person who made the arrest, and whom the defendant assaulted was a constable, and the defendant’s offense was committed in his presence.
p. 305
Under § 177 of the Code of Criminal Procedure, a constable had authority to arrest him for such an offense without a warrant.
The judgment should, therefore, be affirmed. I see no occasion for an opinion.
All concur.