Legal Opinion

State v. . James

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 5 opinions

Inuictiieht for False Imprisonment tried at Fall Term, .1877, of McDowell Superior Court, before Schenck, J. Michael Geary, the prosecuting witness, testified that the defendant (a Constable) arrested him; that he asked for his .authority, but defendant declined to show him any warranty that h.e asked for the accuser, but no one was given; that defendant put him in jail and kept him there all night; and that on the next day he was taken out, and an investigation Usad before…

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Inuictiieht for False Imprisonment tried at Fall Term, .1877, of McDowell Superior Court, before Schenck, J. Michael Geary, the prosecuting witness, testified that the defendant (a Constable) arrested him; that he asked for his .authority, but defendant declined to show him any warranty that h.e asked for the accuser, but no one was given; that defendant put him in jail and kept him there all night; and that on the next day he was taken out, and an investigation Usad before J. A. Scott, a .Justice of the Peace. Scott, the Justice, was then introduced by the defendant, rand testified that…

1Opinion of the Court

Faircloth, J,

In Bat. Rev. ch. 33, will be found well nigh our whole statute law in criminal proceedings before a Justice of the Peace, There is no doubt that any peace officer or private citizen may arrest and detain any person to prevent a breach of the peace, or to suppress any breach of the peace actually taking place in his presence, without any warrant to do so. And it is equally clear that such officer or private person may, by virtue of his office and duty, lodge his prisoner in the common jail, or resort to-other modes of confinement, if the emergency of the occasion requires it;' for…

2Cases cited1 opinion

  1. State v. . ParkerSupreme Court of North Carolina · 1876

3Cited by5 opinions

  1. State v. InglandSupreme Court of North Carolina · 1971
  2. Muscoe v. CommonwealthSupreme Court of Virginia · 1890
  3. State v. . FreemanSupreme Court of North Carolina · 1882
  4. United States v. EbbsDistrict Court, W.D. North Carolina · 1881
  5. United States v. EbbsDistrict Court, W.D. North Carolina · 1881

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