State v. . Ditmore
Supreme Court of North Carolina
Appeal by the State from McElroy, J., at September Term, 1919, of G-baiiam, from a judgment upon this special verdict: “On the first day of September, 1918, J. A. Ammons, sheriff of Graham, had in his possession a capias with him, which was issued from the Superior Court of Graham on a bill of indictment, commanding him to arrest one Mack Burchfield; that he took Sherman Orisp and eight others with him and started to the home of said Burchfield to make the arrest, and on the…
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Appeal by the State from McElroy, J., at September Term, 1919, of G-baiiam, from a judgment upon this special verdict: “On the first day of September, 1918, J. A. Ammons, sheriff of Graham, had in his possession a capias with him, which was issued from the Superior Court of Graham on a bill of indictment, commanding him to arrest one Mack Burchfield; that he took Sherman Orisp and eight others with him and started to the home of said Burchfield to make the arrest, and on the way they passed the defendant in the road; that he told the defendant that he would have to summon him to go and help…
1Opinion of the CourtClakic, C. J.
Rev., 3701, provides: “If any person, after having been lawfully commanded to aid an officer in arresting any person, or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officers, he shall be guilty of a misdemeanor.”
The essential elements of the offense defined in the above section are that the defendant, when commanded to aid an officer in arresting any person, or in retaking any person escaped from legal custody, or in executing any legal process, should wilfully neglect or refuse to aid such officer.…
2Cases cited4 opinions
- State v. . McMahanSupreme Court of North Carolina · 1889
- State v. . EwingSupreme Court of North Carolina · 1891
- State v. . JamesSupreme Court of North Carolina · 1879
- Meeds v. . CarverSupreme Court of North Carolina · 1848
3Cited by7 opinions
- State v. EllisSupreme Court of North Carolina · 1964
- State v. BrownSupreme Court of North Carolina · 1965
- State v. . RobinsonSupreme Court of North Carolina · 1895
- Tomlinson v. Town of NorwoodSupreme Court of North Carolina · 1935
- Riker v. City of New YorkNew York Supreme Court · 1953
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