State v. . Hunter
Supreme Court of North Carolina
This was an indictment for false imprisonment, tried at January Term, 1890, of the Criminal Court of Buncombe County, Moore, J., presiding.
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This was an indictment for false imprisonment, tried at January Term, 1890, of the Criminal Court of Buncombe County, Moore, J., presiding. The defendant was a policeman of the city of Asheville, and arrested one Samuel Bennett, without warrant, for alleged violation of city ordinances, in the following words: “Any persons assembling and loitering on the streets in sufficient numbers or in such manner as to cause an obstruction to free passage of the streets, or sidewalks, or crossings, and failing to disperse upon notice by any officer or any member of the police, shall, on conviction, be…
1Opinion of the CourtAvery, J.
after stating the facts: In the case of State v. Freeman, 86 N. C., 683, the Court distinctly recognized the right of a police officer to arrest without warrant, not only for felonies, riots and breaches of the peace, but for violations of a city or town by law prohibiting nuisances, and which the municipality has the power to make, when the offence is committed in his presence. The Code, §3820, makes, it a misdemeanor to violate any valid city or town ordinance.
The city law, relied upon by the defendant to justify the arrest, is not very happily and clearly expressed. The first section…
2Cases cited4 opinions
- State v. . McNinchSupreme Court of North Carolina · 1884
- State v. . FreemanSupreme Court of North Carolina · 1882
- State v. . PughSupreme Court of North Carolina · 1888
- State v. . McNinchSupreme Court of North Carolina · 1882
3Cited by17 opinions
- State v. MobleySupreme Court of North Carolina · 1954
- United States v. RembertDistrict Court, S.D. Texas · 1922
- State v. . TenantSupreme Court of North Carolina · 1892
- State v. WilliamsSupreme Court of New Jersey · 1959
- State v. . RollinsSupreme Court of North Carolina · 1893
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