State v. . Lewis
Supreme Court of North Carolina
This was an indictment tried by Shvford, J., and a jury, at May Term, 1893, of Vance Superior Court. The offence charged -was against the defendant as jailer of said county for negligently permitting the escape of a prisoner from the county jail.
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This was an indictment tried by Shvford, J., and a jury, at May Term, 1893, of Vance Superior Court. The offence charged -was against the defendant as jailer of said county for negligently permitting the escape of a prisoner from the county jail. It appeared from the evidence that the defendant was sick and entrusted the keys, or some of the keys, of the jail to one Jim Green, a man whom he had hired to assist him in attending to the jail — cleaning it, heating it, and in carrying the prisoners food and water; that, before he hired him, he had made inquiry as to the character of the said…
1Opinion of the CourtMacRae, J.
(after stating the facts): Section 1022 of The Code, in relation to the offence above referred to, provides that “in all such cases it shall be sufficient, in support of the indictment against such Sheriff or other officer, to prove that such person so charged or sentenced was committed to his custody, and it shall lie upon the defendant to show that such escape was not by his consent or negligence, but that he had used all legal means to prevent the same, and acted with proper care and diligence.”
The defendant undertook the burden of showing that the escape was not by his consent or…
2Cases cited1 opinion
- State v. . JohnsonSupreme Court of North Carolina · 1886
3Cited by4 opinions
- United States v. NixSupreme Court of the United States · 1903
- Fanning v. United StatesCourt of Appeals for the Fourth Circuit · 1934
- States v. DavisCourt of Appeals for the D.C. Circuit · 1948
- State v. Blackley.Supreme Court of North Carolina · 1902