Commonwealth v. Jayne

Citations

• 11 Pa. Super. 459
• 1899 Pa. Super. LEXIS 156

Syllabus

<p>Policemen — Powers of — Act of 1883 — Arrest on view — Question for jury.</p> <p>A policeman appointed by an agricultural society, under the Act of April 26, 1883, P. L. 14, may arrest or eject from the grounds a person guilty of disorderly conduct. He has the powers of a constable and a constable may arrest upon view for disorderly conduct amounting to a-breacb of the peace.</p> <p>Whether a breach of the peace existed prior to an arrest, and whether a. policeman employed unnecessary degree of force to the injury of the prosecutor are questions for the jury, and it is error to instruct the jury that an arrest by such officer was only justified by disobedience to some rule of such society duly enacted.</p>