Hanger v. Woodward

Citations

• 112 Kan. 388
• 210 P. 1114
• 1922 Kan. LEXIS 453

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Law — Seizure of Automobile by Sheriff Without Warrant — Warrant Subsequently Obtained — Possession TJnder Warrant Lawful. Where a sheriff seizes an automobile in which he has found intoxicating liquor concealed and holds it without process for about an hour, during which time he obtains a warrant on his own complaint charging that it had been used in transporting intoxicating liquor, although it be assumed that he had no right to take the car before he had obtained the warrant, nevertheless from that time his possession is lawful, notwithstanding a trial results in a judgment for the return of the car to its owner, the court finding that the charges with respect to its use were not sustained.</p> <p>2. Same — Appeal Stays Execution of Judgment. In the situation stated in the foregoing paragraph an appeal by the state stays the execution of the judgment releasing the car and entitles the sheriff to its continued possession during the pendency of the app.eal.</p> <p>3. Same — Seizure of Automobile — Neither Malice nor Want of Probable Cause Shown. It is held that whether or not a sheriff is entitled to the same immunity as public prosecutors from liability in an action for malicious prosecution, the evidence in this case has no tendency to show either malice or want of probable cause.</p>