Salo

This is an action for damages for the wrongful detention of the person of the plaintiff, and grows out of the arrest of the plaintiff by the defendant, Smith, as sheriff, and the failure of that official to comply with the mandates of section 849 of the Penal Code, which provides: “When an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before such magistrate. ’ ’

It appears that the defendant, Smith, was the sheriff of Sonoma County, and the defendant, surety company, surety on his official bond, at the times mentioned in the complaint.

The complaint alleges “that on the 2nd day of January, 1911, and within four months prior thereto, a felony had in fact been committed in the county of Sonoma, state of Cali fornia, to wit: The crime of assault with a deadly weapon with intent to commit murder; . . . that the defendant, John K. Smith, sheriff as aforesaid, had reasonable cause to believe the plaintiff to have committed the same.” It…