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GRANT v. STATE

58696.

152 Ga. App. 258 (1979)

262 S.E.2d 553

GRANT v. THE STATE.

Court of Appeals of Georgia.

Decided November 9, 1979.

Attorney(s) appearing for the Case

Andrew J. Whalen, III, for appellant.

John T. Newton, Jr., Solicitor, for appellee.

DEEN, Chief Judge.

1. An arrest warrant is valid only against the person named in it. "[A]n officer arresting one not bearing the name set forth in the warrant acts at his peril." Blocker v. Clark, 126 Ga. 484, 487 (54 SE 1022) (1906). And even though he acted in good faith in arresting another than the person named, the warrant will not justify the action. West v. Cabell, 153 U.S. 78 (14 S.C. 752, 38 LE 643) (1893).

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