State v. . McNinch
Supreme Court of North Carolina
INDICTMENT for an assault tried at Spring Term, 188,3, of MecKLENbukci- Superior Court, before MaaRae, J. The defendants McNinch and Healy, police officers of the city of Charlotte, are charged with assaulting the prosecutor, Robert C. Mason. The prosecutor testified that while he was in the back yard in rear of Snider’s bar-room, the defendant Healy came up and took him by the arm and told witness to go with him, and witness refused, and asked for his authority.
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INDICTMENT for an assault tried at Spring Term, 188,3, of MecKLENbukci- Superior Court, before MaaRae, J. The defendants McNinch and Healy, police officers of the city of Charlotte, are charged with assaulting the prosecutor, Robert C. Mason. The prosecutor testified that while he was in the back yard in rear of Snider’s bar-room, the defendant Healy came up and took him by the arm and told witness to go with him, and witness refused, and asked for his authority. Healy then jerked him and carried him into the bar-room, and struck at him with a stick, and also struck him under the eye with his…
1Opinion of the CourtSmith, C. J.
The defendants are charged with assaulting and beating the person of one Robert-C. Mason, and for arresting and maltreating him while in their custody. The defendants, in support of their plea of not guilty, sought to justify, as peace officers of the city of Charlotte, the arrest and detention •of the prosecutor, upon the ground that he was found in a state •of intoxication and behaving in a boisterous and disorderly manner, in violation of a city ordinance they were required to •enforce, and no excessive or unreasonable force was used to overcome his resistance and convey him to the…
2Cases cited2 opinions
- Neal v. . JoynerSupreme Court of North Carolina · 1883
- State v. . McNinchSupreme Court of North Carolina · 1882
3Cited by29 opinions
- State v. MobleySupreme Court of North Carolina · 1954
- State v. . RollinsSupreme Court of North Carolina · 1893
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- State v. AuthemanIdaho Supreme Court · 1929
- State v. . DunningSupreme Court of North Carolina · 1919
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