Floyd v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Ti-iós. M. Arrington. The indictment in this case contained two counts, the first charging that the defendant “ willfully and knowingly resisted R. E. Morrill, a special constable, while executing a warrant of arrest issued by D. II.
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From the City Court of Montgomery. Tried before the Hon. Ti-iós. M. Arrington. The indictment in this case contained two counts, the first charging that the defendant “ willfully and knowingly resisted R. E. Morrill, a special constable, while executing a warrant of arrest issued by D. II. Workman, a justice of the peace;” and the second, that he “did willfully escape from the custody of said Morrill,” while in his custody as such special constable under said warrant of arrest. Being tried on issue joined on the plea of not guilty, the defendant was convicted under the second count of the…
1Opinion of the CourtSomerville, J.
The special constable appointed by the justice of the peace was an officer defacto, although he was in*42eligible to the position by reason of his minority. The justice was invested by statute with the authority to appoint in certain specified contingencies, and was the exclusive judge of their existence.—Code, 1876, § 768; Noles v. The State, 24 Ala. 672. The official acts of the special constable were, therefore, just as valid for all purposes as if he had been a legally apjDointed officer acting de jure, so far as the public and third persons were concerned.—Cary v. The State. 76 Ala. 78;…
2Cases cited8 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Cary v. StateSupreme Court of Alabama · 1884
- Masterson v. MatthewsSupreme Court of Alabama · 1877
- Heath v. StateSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pentecost v. StateSupreme Court of Alabama · 1894
- Butler v. WalkerSupreme Court of Alabama · 1893
- Cook v. StateSupreme Court of Alabama · 1890
- Parish v. StateSupreme Court of Alabama · 1900
- Murkison v. StateAlabama Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.