Raughley v. State
Raughley v. State
Opinion
Appellant was convicted in the District Court of Jefferson County for speeding. He appealed his conviction to the Jefferson Circuit Court where he was tried without a jury, found guilty, and fined $100.00 and costs.
The undisputed facts indicate that on August 6, 1980, at approximately 10:25 P.M., Officer Harry Stephen Lawson, a Jefferson County sheriff's deputy, observed and followed appellant, who was travelling at speeds above the posted limit on Old Highway 280 in Jefferson County for a distance of about 1.7 miles. At one time the appellant's speed exceeded seventy miles per hour. It was Deputy Lawson's testimony that, "After I turned the blue lights on he continued driving into Shelby County." Deputy Lawson followed appellant across the county line and arrested him approximately three-quarters of a mile into Shelby County.
An officer may arrest without a warrant for an offense committed in his presence. §
Section
"When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit." [Emphasis added.]
It is our judgment that by the addition of the phrase "or on pursuit" in §
Even assuming, however, that appellant's arrest was illegal, his subsequent conviction is not due to be overruled. Holloway v.State,
"However, admitting that the officers executing the warrant had no authority to arrest defendant outside the county without endorsement on the warrant as required by statute, the Inferior Court nevertheless acquired jurisdiction of appellant, and the fact that he may have been brought within the jurisdiction of the court after an unlawful arrest made in another jurisdiction, did not render the proceedings void in the Inferior Court."
It is well-settled that an illegal arrest or detention does not void a subsequent conviction. United States v. Crews,
We have searched the record and have found no error prejudicial to appellant. The judgment of conviction by the Jefferson Circuit Court is therefore affirmed.
AFFIRMED.
HARRIS, P.J., and TYSON and BOOKOUT, JJ., concur.
BOWEN, J., concurs in result.
Reference
- Full Case Name
- Eugene E. Raughley v. State.
- Cited By
- 3 cases
- Status
- Published