City of Hattiesburg ex rel. Coston v. Beverly

Citations

• 123 Miss. 759
• 86 So. 590

Syllabus

<p>3 Appeal and Error. Arrest. A city policeman is also a state officer, and may arrest without ivrit; finding on conflicting. evidence is conchtsive.</p> <p>A policeman of a city is also an officer of the state within the limits of the city, and may arrest a person without a writ or an affidavit for an indictable offense against the state committed in his presence, and it will not defeat the lawfulness of the arrest to show that such officer filed an affidavit charging the violation of a city ordinance, and did not file an affidavit charging a violation of the state law, provided the arrest was made in good faith for violating the state law; and, where the evidence is conflicting .with reference thereto, the jury’s verdict finding the arrest lawful will not be disturbed. *</p> <p>2. Trial. No reversal because one instruction, if standing alone, is erroneous.</p> <p>The instructions of the trial court as to the law of a case will be considered as a whole, one as limiting or modifying or supplementing pthers, and, when considered together as a whole, a ' verdict will not be set aside, or a judgment reversed, because one instruction, if standing alone, might be misleading and erroneous. This is true, where there are two counts in the declaration, to each of which separate instructions are directed. In such cases the instructions on one count on appeal will' be considered with others given on the other count, and if, taken as a whole, they are not misleading, the verdict will- not be disturbed.</p> <p>3. Intoxicating Ltquors. Mere fact of arrest does not make disclosures as to possession of liquor involuntary; verdict on conflicting evidence will not be disturbed.</p> <p>Where a person under arrest opens his baggage to police officers for inspection as to whether he has intoxicating liquors in his possession unlawfully, it is a question of fact, to be determined from all the circumstances, whether this was a voluntary act, and the fact alone that a person is under arre