
    Supreme Court—General Term—Third Department.
    December, 1893.
    PEOPLE v. ALLEN BARBER.
    (56 St. Rep. 304; 74 Hun, 368.)
    Criminal law—Arrest.
    Where a person is committing an offense under section 448 of the Penal Code, in the presence of a constable, the latter has authority to arrest him for such offense without a warrant.
    Appeal from a judgment of the court of sessions adjudging ■defendant guilty of assault in the second degree.
    R. M. Moore, for appellant.
    Fred’k G. Paddock, for respondent
   HERRICK, J.

It seems to me that the indictment sufficiently sets forth an offense under section 218 of the Penal Code. The evidence shows that the defendant was committing an offense under section 448 of the Penal Code. The person who made the arrest, and whom the defendant assaulted was a constable, and the defendant’s offense was committed in his presence.

Under section 177 of the Code of Criminal Procedure, a constable had authority to arrest him for such an offense without a warrant.

The judgment should, therefore, be affirmed. I see no occasion for an opinion.

All concur. ,,  