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EWING v. KUTCH

No. 37725.

330 P.2d 361 (1958)

Kathryn EWING, Plaintiff in Error, v. Doss M. KUTCH and The Travelers Indemnity Company, a Corporation, Defendants in Error.

Supreme Court of Oklahoma.

September 30, 1958.

Attorney(s) appearing for the Case

Percy Hughes, Hobart, for plaintiff in error.

Clayton Carder (of Carder & Carder), Hobart, for defendants in error.

WELCH, Chief Justice.

Kathryn Ewing brought suit in the District Court of Kiowa County on March 22, 1956, against Doss M. Kutch, Night Chief of Police of Hobart, Oklahoma, and The Travelers Indemnity Company, a corporation, for unlawful arrest. This suit was defended on the grounds that the defendant officer was justified in making the arrest under the provisions of paragraph 4 of Section 196, Title 22, O.S.A., which provides:

"A peace officer may, without...

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