46 US Vs Vicente
46 US Vs Vicente
46 US Vs Vicente
Issues:
- WON Vicentillo committed the crime of illegal and arbitrary detention when complainant
was detained for three days before being turn over to proper judicial authority for
investigation and trial of charge
Ruling:
- No. The subsequent detention of the prisoner is due to the performance of defendant’s
official duties; and there can be no doubt of his lawfully authority in the premises. The
trial judge laid great stress upon the trivial nature of the offense for which the arrest was
made, but keeping in mind the fact that there was no judicial officer in the remote
community where the incident occurred at the time of the arrest, and no certainty of the
early return of the absent justice of the peace, or his auxiliary.
- The judgment of the lower court convicting and sentencing the defendant were reversed
and is acquitted of the offense with which he was charged.