State v. . Lingerfelt
Supreme Court of North Carolina
INDIctment for murder, tried at Fall Term, 1891, of Cherokee Superior Court, before Merrimon, J. The defendants were charged with the murder of Marion Cole in the county of Cherokee, in July, 1891. It appeared in evidence that the deceased was indicted for violation of the United States Revenue Laws, in the Circuit Court of the United States for the Eastern District of Tennessee, and had given a bond, with the usual condition in such case, with one of the defendants as…
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INDIctment for murder, tried at Fall Term, 1891, of Cherokee Superior Court, before Merrimon, J. The defendants were charged with the murder of Marion Cole in the county of Cherokee, in July, 1891. It appeared in evidence that the deceased was indicted for violation of the United States Revenue Laws, in the Circuit Court of the United States for the Eastern District of Tennessee, and had given a bond, with the usual condition in such case, with one of the defendants as surety thereto, to make his personal appearance before said Court in Knoxville, Tennessee, at the time mentioned therein. He…
1Opinion of the Court
Shepherd, J.:
The only exception necessary to be considered is addressed to the charge “that there was no evidence in the case to show that the prisoners had authority or the right to arrest the deceased.” Our first impression was in favor of the view taken by the Court below, but upon an examination of the authorities (which were probably inaccessible to his Honor) we are‘of the opinion that the sureties on the bail-bond of the deceased had the right to arrest him in this State, and that they could appoint an agent to make such arrest or to assist them in doing so.
It is insisted that the “…
2Cases cited3 opinions
- Reese v. United StatesSupreme Court of the United States · 1870
- Nicolls v. IngersoliNew York Supreme Court · 1810
- Parker v. BidwellSupreme Court of Connecticut · 1819
3Cited by13 opinions
- State v. MathisSupreme Court of North Carolina · 1998
- State v. . FinchSupreme Court of North Carolina · 1919
- Carr v. SuttonWest Virginia Supreme Court · 1912
- Dickson v. MullingsUtah Supreme Court · 1925
- State v. PerryCourt of Appeals of North Carolina · 1981
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