Tracy v. Coffey

Citations

• 18 Ohio C.C. Dec. 579
• 8 Ohio C.C. (n.s.) 88

Syllabus

<p>CHARGE TO JURY — FALSE IMPRISONMENT.</p> <p>Donahue, McCarty and Taggart, JJ.</p> <p>1. Omission in Charge to Jury not Reversible Error unless Objected to ob Omission Asked to be Supplied unless Charge Rendered Misleading.</p> <p>An. omission by a trial court from its charge to the jury of a rule of law favorable to defendant is not reversible error if the defendant fails to* call the court’s attention thereto at the time or requests such instruction to be added unless the omission renders the charge as given misleading.</p> <p>2. False Imprisonment — Officer must Release at Once on Discovery of His Mistake.</p> <p>In an action for false imprisonment, a charge that if defendant believed, or had good reason to believe, that a felony had been committed and that defendant was the man who had committed the felony, defendant might arrest him without a warrant but must release him at once on discovering his mistake, is a correct charge.</p> <p>8. Officer Detaining Plaintiff for Resisting Wrongful Arrest must Show Legal Authority to Detain — Belief of Person Arrested as to Character of Officer Question for Jury.</p> <p>Where an officer arrests a person whom he suspects to be guilty of a felony and the suspect resists such arrest, the officer may detain him in custody for resisting an officer, but, in an action against the officer for false imprisonment, the officer must establish affirmatively that he1 had a legal right to make such detention; that the resistance by plaintiff was knowingly and wilfully made, and any other facts showing that the detention was justified. Whether the plaintiff knew the defendant to be an officer or believed him to be a footpad or otherwise without authority to make the arrest is a question for the jury.</p> <p>[Syllabus approved by the court.]</p>