State v. . Mooring
Supreme Court of North Carolina
Indictment for assault and battery with a deadly weapon upon one Ray, an officer, tried at the March Term, 1894, of the Superior Court of Martin County, before Bynum, J. The officer Ray had a warrant for the arrest of one Johnson for assault and battery, and after summoning a posse proceeded to the house of the defendant where he demanded admittance with his posse for the purpose of making the arrest under said warrant.
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Indictment for assault and battery with a deadly weapon upon one Ray, an officer, tried at the March Term, 1894, of the Superior Court of Martin County, before Bynum, J. The officer Ray had a warrant for the arrest of one Johnson for assault and battery, and after summoning a posse proceeded to the house of the defendant where he demanded admittance with his posse for the purpose of making the arrest under said warrant. The defendant replied that Johnson was not in his house and forbade the officer to enter. The officer Ray then broke open the door, whereupon the defendant drew an axe upon…
1Opinion of the Court
[Avery, J.:
It seems to be well settled by the Courts, both in this country and in England, that where an officer “comes armed with process founded on a breach of the peace, he may, after demand of admittance for the purpose of making the arrest, and refusal of the occupant to open the doors of a house, lawfully break them in order to effect an entrance and if he act in good faith in doing so, both he and his posse comitatus will be protected.” 1 Russell on Or., 9 Ed., page 840; 2 Hawks P. C. Bk., 2, Cbr., 14 sec., 3; 1 East’s P. C., 324, ch. 5, sec. 88; State v. Smith, 1 N. H., 346 ; Barnard…
2Cited by17 opinions
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- State v. HarveySupreme Court of North Carolina · 1972
- State v. SparrowSupreme Court of North Carolina · 1970
- Accarino v. United StatesCourt of Appeals for the D.C. Circuit · 1949
- State v. . ShookSupreme Court of North Carolina · 1944
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