State v. . Freeman
Supreme Court of North Carolina
INDICTMENT for an assault and false imprisonment, tried at Pall Term, 1881, of Henderson Superior Court, before McKoy, J. The evidence on the part of the state was that the prosecutor, King, between the hours of ten'and eleven o’clock at night, on the day of the alleged assault, was found by the defendant lying in a state of helpless intoxication on the side-walk in a street of the town of Hendersonville, with his head on the step of the post office.
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INDICTMENT for an assault and false imprisonment, tried at Pall Term, 1881, of Henderson Superior Court, before McKoy, J. The evidence on the part of the state was that the prosecutor, King, between the hours of ten'and eleven o’clock at night, on the day of the alleged assault, was found by the defendant lying in a state of helpless intoxication on the side-walk in a street of the town of Hendersonville, with his head on the step of the post office. On that night there was an exhibition in the court-house, and persons returning to their homes from the court-house along the street had to walk…
1Opinion of the CourtAshe, J.
The defendant is the police officer of the incorporated town of Hendersonville. -Such an officer was unknown to the common law. He is the creature of a statute, and such an officer has and can only exercise such powers as he is authorized to do by the legislature, expressly or derivatively. By thé 23d section of chapter 111 of Battle's Revisal, it is provided that the town constable, as a peace officer, shall have within the town all the powers of a constable in the county ; and, as a ministerial officer, he shall have the same power as a constable in the county to execute all process that…
2Cases cited1 opinion
- State v. . JamesSupreme Court of North Carolina · 1878
3Cited by25 opinions
- State v. MobleySupreme Court of North Carolina · 1954
- State v. CantienySupreme Court of Minnesota · 1885
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- Wilson v. . MooresvilleSupreme Court of North Carolina · 1942
- People v. JohnsonMichigan Supreme Court · 1891
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