Andrews v. State
Supreme Court of Alabama
From the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. The indictment in this case charged that James E. Andrews “did knowingly and willfully oppose or resist Sam Dick, who was then and there a person specially deputized by the sheriff to execute the warrant hereinafter set out in full, an officer of said State and county, in attempting to serve or execute a warrant of arrest issued by John W. Simmons, judge of the County Court of said county, which said…
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From the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. The indictment in this case charged that James E. Andrews “did knowingly and willfully oppose or resist Sam Dick, who was then and there a person specially deputized by the sheriff to execute the warrant hereinafter set out in full, an officer of said State and county, in attempting to serve or execute a warrant of arrest issued by John W. Simmons, judge of the County Court of said county, which said warrant was in the following words,” setting it out. The defendant demurred to the indictment, “ because it does not show that…
1Opinion of the CourtSomerville, J.
The defendant is indicted for knowingly and willfully resisting “ an officer of the State ” in executing a warrant of arrest, under section 4137 of the present Code. The evidence shows that the person resisted was a *485special deputy of the sheriff, who was employed to execute the particular process only.
"We are satisfied that the special deputy was an officer of the State, within'the meaning of this statute. The law makes it .the duty of the sheriff to have one deputy, and authorizes him to have as many as he may think proper. — Code, § 729. The office is a mere statutory creation, and not a…
2Cases cited6 opinions
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
- Cary v. StateSupreme Court of Alabama · 1884
- State ex rel. Attorney-General v. WilsonOhio Supreme Court · 1876
- Kavanaugh v. StateSupreme Court of Alabama · 1868
- Murphy v. StateSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rucker v. Harford CountyCourt of Appeals of Maryland · 1989
- Mosely v. KennedySupreme Court of Alabama · 1944
- Pentecost v. StateSupreme Court of Alabama · 1894
- State v. DaileyNebraska Supreme Court · 2023
- Gerald v. WalkerSupreme Court of Alabama · 1918
7 more not listed; retrieve them via the Exa API.