State v. . McNinch
Supreme Court of North Carolina
IndictmeNt for an assault and false imprisonment tried at Fall Term, 1882, of Mecklenburg- Superior Court, before Graves, J. The evidence in the case disclosed the following facts: The defendants arrested the prosecutor, Robert C. Mason, in the city of Charlotte, and caused him to be confined in the city prison. The defendant McNinch was the chief of police of Charlotte, and the defendant Healy a policeman, acting under McNinch, and the prosecutor was drunk when arrested.
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IndictmeNt for an assault and false imprisonment tried at Fall Term, 1882, of Mecklenburg- Superior Court, before Graves, J. The evidence in the case disclosed the following facts: The defendants arrested the prosecutor, Robert C. Mason, in the city of Charlotte, and caused him to be confined in the city prison. The defendant McNinch was the chief of police of Charlotte, and the defendant Healy a policeman, acting under McNinch, and the prosecutor was drunk when arrested. The defendants sought to justify under the common law and an ordinance of the city, which declared “public drunkenness and…
1Opinion of the CourtAshe, J.
The defendants justified their act of arresting the prosecutor under the common law and an ordinance of the city of Charlotte. His Honor charged the jury that the guilt of the defendants depended upon the question whether the place where the prosecutor was arrested was a public place, and that if in order to view or see the prosecutor it was necessary for the citizens to go to the windows, then it would not be a public place. The charge is erroneous. His Honor in making it seems to have had in his mind the crime of nuisance at common law, but the ordi nance of the city was evidently intended…
2Cited by5 opinions
- State v. . McNinchSupreme Court of North Carolina · 1884
- State v. Taylor.Supreme Court of North Carolina · 1903
- State v. . HunterSupreme Court of North Carolina · 1890
- State v. . EarnhardtSupreme Court of North Carolina · 1890
- State v. . MyrickSupreme Court of North Carolina · 1932