The Montgomery advertiser., 1908-02-03

| At section 5211, Code 1896, authorizes an officer to make an arrest without a warrant, under some circumstances. 8. False Imprisonment: pieading.--A count averring merely that defendant caused plaintiff to be arrested under a charge verbally made to a policeman. is a count in false Imprisonment and not in malicious prosecution. {
 {. Same: arrest: pleading; evidence. The ordinances of 8 city are tnadmis- sibie in evidence where the compIaint Tor false Imprisonment did not aver ar- rest under circumstances provided for in such ordinance.
 5, Same; evidence.-Evidence as to where plaintiff lived, and how long he had lived in Alabama, was irrelevant and tnadmissible in an action for false imprisonment plaintiffs character not being in issue.
 6. Same; malice; probable cause Under the form of complaint for false imprisonment prescribed by the Code. It Is necessary to prove the allegation that the omprisonment was malicious and without probable cause. '. Same; motive; damage.-nfotfvae may be considered in measuring the damages in an action for false ifnpris- onment for causing an arrest under a void warrant, although they are i'm material in arriving at the question of guilt or innocence, for causing the ar- rest. q 8. Same; instructions; malice: rooa faith.--A charge asserting that whetber the arrest was malicious and without probable cause did not depend on the fact whether plaintiff was guilty as charged. but whether the prosecutor acted In good faith and entertained a reasonable appearance of cause, is a correct statement of law. g. SQmAs nr0hahln 1,,... :. probable cause for plaintiffs arrest cannot be prima facfe inferred from tne Iailure or abandonment of the pros ecution. 10. Same: misleading instructions. An instruction asserting that there was no evidence that the charge against pialntin had been 1udicially investigate ed and the prosecution ended, in an action for false Imprisonment, is only misleading as 1t is not material whether the prosecution had been tudfcfaIIv in vestlgated and ended favorabiy to De defendant.
 II. Same: Reason and probable cause.-A charge asserting that al. though defendant caused plaintifrs ar rest through malice. yet the plaintiff could not recover unless the jury were reasonably satisfied that defendant had no reasonable cause to believe plain. tin guilty of larceny for which he was arrested, was proper since the word reasonable includes probable.
 l2. Same; words and phrhses; reas- onable doubt and probability of inno- cence.-A probability of innocence Is the equivalent of a reasonable doubt of guilt.
 1S. Same; probable cause.--As d de- fense to an action for false imprison- ment the words, probable cause for ar- rest means a, reasonable ground of suspicion supported by circumstances.
 l4. Same.--An instruction asserting that before the jury could find against the defendant for false Imprisonment. they must be reasonably satisfied that piaintiffs arrest was illegal, Is proper.
 l5. Arrest; necessity of warrant; power of ofacer.-The power conferred on omcers to arrest without warrant by section 6211S~Code 1896, ia in dero. gation of the common law and must be l strictly construed. and an officer has no authority under such statute to arl below the grade of a felony, not com mitted in his presence. I 16. Appeal; evidence; prejudice.- where the answer did not show what the conversation was the fact that an objection to question calling for tha conversation was overruled. was not preJudicial to defendant
 IT. Same.--Where the answer at6 not disclose any fact injurious to hin, the defendant cannot object on an ap- peal to the fact that objections to questions asked him as a witness were l overruled.
 1s. Trial; verdict: instructions- The instructions and verdict will be re. ferred to the complaint as it really fa allege. "
 lS. Trial; objection to evidence
 Unless the testimony is plainly, inad- misstble for any purpose, it is not er. TOT to admit 1t over a general objection not specifying any grounds.
 20. Same; instructions; credibiIitv or witness.-A charge that if the iury
 believe plaintiff knowingly and sinten.
 ionaIiy gave false testimony as to a material matter. then the jury miRht reject his entire testimony, Is correct.
 Appeal from Birmingham City Court
 Heard before Hon. C. w. Ferguson. Affirmed. Opinion by Simpson. J.
 J. concur.