State v. . Hedrick
Supreme Court of North Carolina
This was a CRnnAb actiom, tried at May Term, 18S8, of the ¡Superior Court of Catawba county, before Avery, Judge. The facts as admitted were, that one Symon, a justice of the peace, had issued a warrant for the arrest of one Monroe Null, on a charge of bastardy, which was placed in the hands of one Philo Lail. The Court held that the justice did not have a right to depute Lail, who was not an officer, to execute it.
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This was a CRnnAb actiom, tried at May Term, 18S8, of the ¡Superior Court of Catawba county, before Avery, Judge. The facts as admitted were, that one Symon, a justice of the peace, had issued a warrant for the arrest of one Monroe Null, on a charge of bastardy, which was placed in the hands of one Philo Lail. The Court held that the justice did not have a right to depute Lail, who was not an officer, to execute it. Lail did execute the warrant, and Monroe Null was tried and ordered by the justice into the custody of Lail. While Monroe Null was so in the custody of Lail, his cousin, Jacob…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It seems that' the facts were not questioned, and - accepting them as true, the defendant was properly convicted. He on purpose, tripped the prosecuting witness, causing him to fall violentl) to the ground, without giving him any caution or notice to desist from the pursuit of the fleeing party. If it be granted that he had the right to prevent the re-arrest, as contended by his counsel in the argument — and this is not certain under the circumstances — he had no right to do so in such a violent way as that he adopted. If his purpose was lawful and…
2Cited by4 opinions
- Barbour v. ScheidtSupreme Court of North Carolina · 1957
- State v. . ArmisteadSupreme Court of North Carolina · 1890
- Rutherford Hospital v. Florence MillsSupreme Court of North Carolina · 1923
- State v. . BlackSupreme Court of North Carolina · 1891