Ex parte Gore
Mississippi Supreme Court
Appeal from the Circuit Court of Union County. Hon. J. W. C. Watsoe, Judge. A man who had killed another in Union County, and was fleeing from justice, was, on information derived through a telegraphic despatch and without a warrant, first arrested on the train when it stopped at West Point in Clay County by the appellant, who was marshal of the town, and ex officio constable for the county.
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Appeal from the Circuit Court of Union County. Hon. J. W. C. Watsoe, Judge. A man who had killed another in Union County, and was fleeing from justice, was, on information derived through a telegraphic despatch and without a warrant, first arrested on the train when it stopped at West Point in Clay County by the appellant, who was marshal of the town, and ex officio constable for the county. After delivering his prisoner to the sheriff of Union County, the appellant petitioned the Circuit Court for the statutory reward, which was refused upon the ground that it was his official duty to…
1Opinion of the CourtCampbell, J.
The constable did only bis duty in making the arrest. It is the duty of a constable “ to keep and preserve the peace within his county,” and “ faithfully to aid and assist in executing the criminal laws of this State.” Code 1871, § 280. He assumes this obligation in entering the office, and is not entitled to any pay except that specifically provided. The reward offered by § 2786 of the Code was designed to induce the arrest of fleeing homicides by persons not under an official obligation to do it. Warner v. Grace, 14 Minn. 487. Judgment affirmed.
2Cases cited1 opinion
- Warner v. GraceSupreme Court of Minnesota · 1869
3Cited by3 opinions
- Lees v. ColganCalifornia Supreme Court · 1898
- Hogan v. StophletIllinois Supreme Court · 1899
- Ott v. State ex rel. LoweryMississippi Supreme Court · 1900