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CITY OF EVANSVILLE v. COOK

No. 1-374A50.

319 N.E.2d 874 (1974)

CITY OF EVANSVILLE, Indiana, Appellant (Defendant below), v. Steven R. COOK, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

December 17, 1974.

Attorney(s) appearing for the Case

Cox Schroeder, Dodd, Staser & Mitchell, John C. Cox and Timothy R. Dodd, Evansville, for appellant.

Donald R. Ewers of Bates, Ewers & Davis, Evansville, for appellee.

LYBROOK, Judge.

Defendant-appellant City of Evansville (City) appeals from a jury verdict awarding plaintiff-appellee Cook damages in the sum of $4,250 on his complaint for unlawful arrest and detention. The following issues are presented for review:

(1) Whether the trial court erred in giving an instruction which defined unlawful arrest without making reference to the lawfulness of a warrantless arrest based upon probable cause. (2) Whether it...

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