Mosley v. State

Citations

• 23 Tex. Ct. App. 409
• 4 S.W. 907
• 1887 Tex. Crim. App. LEXIS 96

Syllabus

<p>False Imprisonment—Charge op the Court.—The accused, upon his trial for the false imprisonment of one Broxton, requested the trial court to charge the jury in substance that, if one Blake was drunk on the street and disturbing the peace, it was the duty of the appellant, who was the city marshal, to arrest the said Blake without warrant, and to confine him in the calaboose, and that Broxton had no right to force or compel defendant to release said Blake on bond, while drunk; and that if, while defendant and his deputies were conveying Blake to jail, Broxton attempted to release Blake by force, then defendant had the right to arrest said Broxton and confine him in jail. Held, that responding to the evidence on the trial, the requested charge was a part of the law, and should have been given. See the statement of the case for a resume of the evidence referred to.</p>