Mosley v. State
Court of Civil Appeals of Texas
Mosley v. State, 23 Tex. Ct. App. 409 (1887)
4 S.W. 907; 1887 Tex. Crim. App. LEXIS 96
Willson
Mosley v. State
Opinion of the Court
It was error to refuse the second special charge requested by defendant. Said charge is applicable to the facts proved, is a part of the law of the case, and was not embraced in the general charge given to the jury. The action of the court in refusing said special charge was excepted to at the time of the trial, and is presented to this court by bill. For said error the judgment must be reversed and the cause remanded for new trial.
We find no other material error in the record. We will remark, however, upon the evidence that it impresses us strongly with the belief that an officer has been convicted of an offense for doing that which the law not only authorized, but made it his duty to do.
jReversed and remanded.
Reference
- Full Case Name
- M. M. Mosley v. State
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 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.