When a public offense is committed in the presence of a magistrate, the magistrate may, by verbal or written order, command any person to arrest the offender, and then proceed as if the offender had been brought before the magistrate on a warrant of arrest.
Code 1858, § 5036; Shan., § 6996; Code 1932, § 11535; T.C.A. (orig. ed.), § 40-802.
Cross-References. Officials designated as magistrates, §40-1-106.
Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 1.8, 18.153.
Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 23.
Law Reviews.
The Tennessee Court System — Municipal Courts, 8 Mem. St. U.L. Rev. 431.