Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-01-10
MURDERER MUSC0E.
The SUPREME COURT or APPEALS
GRANTS HIM A NEW TRIAL.
Powers of Police onicers 10 Make Arrests
without Warrants Discussed
fn the Opinion.

the Corporation Court Il Charlottesville,
whereby the prisoner was sentenced TO bc
hanged for the murder OF G.. 4. Seal.
The deceased was a policeman of Char
lotiesvillo and was shot and killed by the
prisoner, whom hc was IN the act OF arrest
ing without a warrant for a misdomoauor
not committed "a his presence.
THE VITAL POINTS.
81 the trial the Commonwealth intro
duccd Ia evidence the following ordinances
ot the city.
&c. Every policeman shall endeavor 20
preserve the peace of the town. and To- pre-
vent the commission of offences. When
anv offence i- committed in the town he
SHAH earnestly cndeayor G detect and Ar
rest tho offender, and shall strive to cuforce
every ord nance prescribing any fine or
punishment.
-. AZ NaQrants or persons without yisi-
Bile means Of support found within the
limits of the town shall ~ once he arrested
lv thc police, and uu0n conviction OF sad
offence shall bo punished as prescribed
oy law
INSTRUCTIONS
After tho evidence had been closed the
Court gave 81 number of Instructions 10 the
l.gp Of which the thrd and fourth were az
follows
"S. That q police officer has no right 30
arrest person without a warrant unless II
lc for au offence committed IA his presence.
rr whore hc has causc 90 suspect felony
has been committed. or 90 nlp'rSndnce ~ bgn
ortu0nc.sof t,' c'y Of whose police force
l.. i- q mem 'cr, empowering hun 10 make
~u.h au arrest in some specified case.
"4. That pOllc" officer getting beyond
fhr scope of bi, authority in making an ar
lf~f l~ a tI1 -pg-s r. and person Is author
.f,i o. resist au unlawful arrest, whether
tAe atf empt hc madc by police officer or
private citizen. hut no jpfV must d,c'de
J.4 p, ,-i9cHoC ,rteg,a' he 0femptd arrest
.0l.fii or nDf.'
TaU OPINION.
Judge Lewis deliy,rodth opinion OF the
cl1lt. holding that these instructions " rc
erroneous. aud. on account ot the misli-
.+fIl. rtuaudinr fhc easel tor new tr.al.
Iit third instruction. be said, was cIro-
u.1uS. tccau," there Wa mo- cjd or'u-
rarc. of tao city" authorizing the arrest
.. question. and therefore The instruction
..- misleading. Nd authority Tor the ar
EST WIS conferred by flo seventh ordi-
nance. as the charge upon which tine arrest
uH- made was not Vagraucy hut Dcut lar
,ery. And the sixth ordinance conferred
rr such authority. because II J; was intend
OH 10 confer upon ;no police force OF tho
rffg greater IsNtr- with regard to arrests
shan cuus'.tls~ possess. % was To That cN-
sent. uIr0 rlr.s and Vuit. that an ordl-
lauco tp hc Nhl1u. must Joe reasonable" III
.ust u.f BE- oppr, --lHo. and. unless plainly
aulhori7. tyth. Legislature. % must not be
'ucon-st ut wth tac general principles oi
fhe common l.v. parts ClN!y those having
y-i0t.on to- thc lIa,ltv oi the people, or the
rights of pllFN property; citlug lhomp-
.Yi rs Lcc county. Wall. 81; kirkham
r. Russell. 76 Va. 91f; Code l7s7, section ..
roviE, coNrHnrp.
Tho provision. of section 1893 of the
Code. Ir wa. said. which. SD general terms,
aathoIi2c tAc comc'ls Of ou,s and towns
f, make ordnance. To- appoint oihccr7,
AMI to define their power and duties. are
90 hr construed IN the Light OF the fore
...u. principles that section lOji of the
code declares specifically that the powers
Hni dut,s of town scrgeants within their
r.-uectIvc lurisi lotions shall be- he SGnc
.. those Of cou-tahlrS. and that If bv sub
..pucuf sections the Legislature had lu-
-.nlcd tD anfloIlze city councils to con-
upon police officers greater powers IN
respect ~ arrests, the iutcuilon would
...htlC-s have been expressed u clear and
arr .t,hatie terms.
AUTHORITY or p0IICENEN.
The opinion then proceeds as follows:
By ihc general law Of the State. which
UrYu thls subject i-. for the most part. the
common law. q constable may cYfice ofiot,
without warrant arrest for felony, or upon
reasonable suspicion of felony. and for 70
uI-deme8uor committed in his presence,
tld take thc supposed offender before q
magistrate To te d' tlt win according 10
'aV. Peace officers may also Nithgut war
rnui enforce tla ordinary laws Of police
.vthc arrest Uf Vagraut~ and drunken and
ds0rierv per DPS, and dcial1 them for
fro action ot proper police magistrates.
But. ln general. ln cases Of mi-d, meanor,
ac1l-iahle or other peace oit'cf cannot
any more inah private person Ju7'lN lue
arrest nl ln' '+'i.''I WllA""e N"'iII!O
wien tAe ohe was tol yea l,i ~ !!i ms
prose ii.'h h. j.. N.' 'ii' I'' j. "5't'
if.n. -" -V' i'i. h 'Ilii. lioo' Do"'"'('
section l'i. ,...., ...,.,.
-r " .u.,,t,-,
' ,... " 80 ~ ,.-
f.,. .,..' 49, '.',.
,i. .,.,t ~, .'.,' ,,as ie,ol ~,
.'' ',',, ..,i, ,.,,.r.,i.,,
f., ,t+,ld L,,, l,...,, s,I
- -'" ,.,,,J., t',it,ll. ,rstrnc-
.,.,'. i-'',,, ,b. 'C.,,rt' a. To- tLs law. A4it
". ..,t .'.D ,. ,,.,s;,i,'
,.i. -. c-'fathc1l n. n correct conclusion.
T., f.. lt.i,.i.. fua npiniou went ON to say.
tb.t tl. nl.-tior a- 10 the LEGALITY of the
arrest wa. a vitality important one in the
case. for tine reason that person may law
fully resist an ill, 1al arrest. and If IN 80
Gc.nr p. kin. the psrsou who undertakes
,,rre., INN he is oullt, of uianslauchter
i ,,,,f-s th. evidence shows malice. in
.i ..'-... i,.. b.. .,,,,,lt,. of murder n was
tb.r.fo... ~ the utmost inheritance that
.I. INV ehould lo accurately instruct
J"H -o.," .n5 ,I,honrh ,he
law v,s correctly stated iu the first
,'ri ~, tbe instruction. vet its effect
,,a. practically DESTROYED bv the ac-
,.ropanving erroneous declaration that
ti. inrv were the iudses of whether the
..,..t wa. lawful OF MOI. which was equiv
.leni 10 telling them that what had Just
been -ad was advisory merely. und not au-
th0ritatyt. and therefore that they We're
ueithor legally nor morally bound 90 regard
p. iu-t 90. IN The thrd instruction they
Wore virtually tod that they were 10 Qe-
eide whether the ordinances OF the city
were legal orr0t. which was question for
the Cour. exclusively as much 80 as IS
Question relating 10 the constitutlonallty
.tp lew. So tina, the tendency of the m
.trueuons WAS o. porpleX and mislead the
r-t i,.,fead OF a'ding them to q correct
cruc.u-lon.
AUTHoRIrEs.