63 Ga. 513 | Ga. | 1879
A homicide was commited in North Carolina, and the ■governor of that state issued a proclamation for the arrest of the slayer, offering a reward for his arrest. The defendant arrested, without warrant, a man in Stewart county, Georgia, and carried him to Randolph county, where he was -detained until sent for by the governor of North Carolina, when he was discharged, not being identified as the right man. He was not taken before an officer in Stewart county, but after he got to Cuthbert, the defendant took legal advice and took him before an officer and had him imprisoned.
The defendant being found guilty of false imprisonment,, made motions for a new trial, and in arrest of judgment. They were not granted, and he excepted.
It is true that the original arrest was made in Stewart county, but the man arrested was taken illegally to Randolph, carried through that county, or a part of it, chained' in a buggy, until the defendant arrived with him at Cuthbert, there put in jail, and when discharged, re-arrested for having a pistol concealed in Stewart. False imprisonment was thus complete in Randolph county. Code, §§4364, 4365, 4366, 2990, 2991, 4724, 4725.
Judgment affirmed.