Huber v. Walker

Citations

• 62 Pa. Super. 299
• 1916 Pa. Super. LEXIS 412

Syllabus

<p>Malicious prosecution — Constable—Evidence.</p> <p>A constable is not hable in damages to a person -whom be has arrested for failing to take the prisoner to the nearest magistrate. If without undue delay he takes him to the magistrate who issued the writ, he performs his full duty; nor can a constable be held in damages, because he takes his prisoner to the office of the prosecutor and holds him there for an hour where such delay is not oppressive to the prisoner nor involves any real delay in getting to a magistrate; nor is the constable liable, if while there, the prisoner is interrogated by the prosecutor as to the participation of other persons in the offense for which he was arrested, and there is nothing to show that the constable took any part in the conversation or used any influence by threats, intimidation, promises or otherwise to induce the accused to make a confession, or to extort money from him, or in any way to take advantage of his position.</p> <p>Where the facts are not in dispute the question of unreasonable detention is for the court.</p>