#### Otto Hermanson, Plaintiff in Error, v. Louis Shaffer, Defendant in Error.

(Not to be reported in full.)

Error to the Circuit Court of Vermilion county; the Hon. Mobton W. Thompson, Judge, presiding.

Heard in this court at the April term, 1913.

Affirmed.

Opinion filed October 16, 1913.

Statement of the Case.

Action by Otto Hermanson against Louis Shaffer, chief of police of the city of Danville, to recover damages for false imprisonment, it being alleged that defendant imprisoned and detained plaintiff in prison without reasonable or probable cause. From a judg*274ment in favor of defendant on a directed verdict, plaintiff brings error.

Abstract of the Decision.

1. Arrest, § 25 * —necessity of warrant. Ample authority is vested in the police of a city to arrest a person in the act of violating an ordinance without a warrant having been issued therefor.

2. Arrest, § 25 * —when police officer may arrest without a warrant being issued. A patrolman finding a person in a city traveling from house to house with Ms satchel containing boxes and bottles therein, apparently in the act of peddling, in violation of an ordinance, may arrest him without a warrant being issued therefor.

3. False imprisonment, § 26 * —burden of proof. In an action for false imprisonment it is incumbent upon the plaintiff to show that there was no reasonable ground or cause to believe the plaintiff guilty of the charge for which he was arrested and imprisoned.

4. False imprisonment, § 30 * —when direction of verdict for defendant proper. In an action for false imprisonment, a directed verdict to find for defendant held not error, where from the evidence the only conclusion that can he arrived at is that there was reasonable cause to believe that plaintiff was guilty of the charge for which he was arrested.

5. False imprisonment, § 28 * —proof sufficient to bar recovery. In an action for false imprisonment, the record of the judgment of the police magistrate showing that plaintiff pleaded guilty to the charge for which he was arrested, and testimony of the police magistrate to the same effect, held to be sufficient proof alone to bar a recovery.

6. Arrest, § 22 * —power of city to detain person arrested in custody over night. A person arrested and taken to a city prison at a late hour is not entitled to an immediate trial; the city has a right to hold him in custody until the city is able to secure witnesses and prepare for trial, and under R. S. c. 24, art. VI, § 12,. J. & A. 1355, it is not unlawful to confine him in the city prison until the following morning to await his trial.

F. L. Draper, for plaintiff in error.

J. B. Mann, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.