State v. . Armistead
Supreme Court of North Carolina
This was an indictment for assaulting an officer and rescuing a prisoner from his custody, tried before Bynum, J.t at Fall Term, 1889, of Bertie Superior Court. One Allen had been arrested, for a criminal offence, -upon a warrant duly issued, and was brought for trial before a Justice of the Peace. Upon the warrant the Justice wrote: “ J. W. Freeman is hereby appointed special constable.
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This was an indictment for assaulting an officer and rescuing a prisoner from his custody, tried before Bynum, J.t at Fall Term, 1889, of Bertie Superior Court. One Allen had been arrested, for a criminal offence, -upon a warrant duly issued, and was brought for trial before a Justice of the Peace. Upon the warrant the Justice wrote: “ J. W. Freeman is hereby appointed special constable. (Signed) E. H. Walker, J. P.” [Seal.] On the trial, the Justice found Allen guilty, and sentenced him to ten days’ imprisonment in the county jail, and directed the special constable to take him to jail.…
1Opinion of the Court
Clark, J.:
The Justice of the Peace is the sole judge of the “extraordinary cases” in which he shall exercise the power of appointing a special constable under authority of The Code, § 645. State v. Dula, 100 N. C,, 423. The present case is materially different from Slate v. Dean, 3 Jones, 393 which was relied on by the defendants. In that case the appointment was, “I depute E. S. Dean to execute the within warrant.” The deputation, therefore, expired when the warrant was served, and- the subsequent parol order to execute the mittimus was held invalid. The Court put their decision upon the…
2Cases cited3 opinions
- State v. . DulaSupreme Court of North Carolina · 1888
- State v. . GarrellSupreme Court of North Carolina · 1880
- State v. . HedrickSupreme Court of North Carolina · 1886
3Cited by6 opinions
- State v. . RollinsSupreme Court of North Carolina · 1893
- In Re WatsonSupreme Court of North Carolina · 1911
- Woods v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- State v. GoffSupreme Court of North Carolina · 1965
- State v. . BlackSupreme Court of North Carolina · 1891
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