State v. . Bland
Supreme Court of North Carolina
This was an indictment foe. MANSLAUGHTER, tried before Merrimon, Judge, at January Term, 1887, of Pitt Superior Court. The defendant was charged with the felonious slaying of one John Cannon.
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This was an indictment foe. MANSLAUGHTER, tried before Merrimon, Judge, at January Term, 1887, of Pitt Superior Court. The defendant was charged with the felonious slaying of one John Cannon. There was no objection to the admission of testimony, but the accused was a police officer of the town of Bell’s Ferry, and the evidence showed that the homicide was committed while in discharge of his duty as such, and the only point insisted upon was, that his Honor in his charge to the jury, •failed to draw a proper distinction between a homicide committed by an officer in the discharge of his duty in…
1Opinion of the Court
Davis, J.,
(after stating the facts). We have set out the charge of his Honor fully, because it was insisted by the counsel for the defendant, that being a policeman, clothed with the authority to arrest and detain the person violating the ordinance of the town of Bell’s Ferry, he was the sole judge of the propriety and necessity of carrying him to the place of confinement, and of the necessity of using force to prevent his rescue, and of the extent to which it was necessary, and that the charge of his Honor failed to present to the jury a proper distinction between a homicide committed by a…
2Cited by12 opinions
- State v. . RollinsSupreme Court of North Carolina · 1893
- State v. . PughSupreme Court of North Carolina · 1888
- State v. SmithSupreme Court of Iowa · 1905
- State v. . ReynoldsSupreme Court of North Carolina · 1937
- Hendricks v. CommonwealthSupreme Court of Virginia · 1935
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