Legal Opinion

State v. . Sigman

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 28 opinions

This was an INDICTMENT charging both the defendants with an assault with a deadly weapon, to-wit, a pistol, tried at the Spring Term, 1890, of the Superior Court of Caldwell County, before Bynum, J. The defendant Sigman was, at the time when the assault was alleged to have been committed, town constable of the town of Lenoir, and arrested the prosecutor, Robert Tuttle, on a lawful warrant, issued by the Mayor of said town, and charging the prosecutor with having committed an…

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This was an INDICTMENT charging both the defendants with an assault with a deadly weapon, to-wit, a pistol, tried at the Spring Term, 1890, of the Superior Court of Caldwell County, before Bynum, J. The defendant Sigman was, at the time when the assault was alleged to have been committed, town constable of the town of Lenoir, and arrested the prosecutor, Robert Tuttle, on a lawful warrant, issued by the Mayor of said town, and charging the prosecutor with having committed an assault within the corporate limits of said town. The defendant Sigman first arrested Tuttle by virtue of the warrant…

1Opinion of the CourtAvjsry, J.

after stating the facts: The defendant Sigman, by virtue of his office as constable of the town of Lenoir, was authorized • to execute any lawful warrant issued by the Mayor, and charging a criminal offence wherever he might find the person accused within the county of Caldwell, in which said town was situate. This authority was conferred upon him by § 3810 of The Code; but, perhaps, in more explicit terms, by the Act of 1885, amendatory of the town charter (ch. 23, §24, Laws of 1885). Section 3810 provides that it shall be lawful for city and town constables to serve all civil and criminal…

2Cases cited4 opinions

  1. State v. . RawlesSupreme Court of North Carolina · 1871
  2. State v. . McNinchSupreme Court of North Carolina · 1884
  3. State v. . PughSupreme Court of North Carolina · 1888
  4. State v. . BelkSupreme Court of North Carolina · 1877

3Cited by28 opinions

  1. Dyer v. DuffyWest Virginia Supreme Court · 1894
  2. State v. . RollinsSupreme Court of North Carolina · 1893
  3. Sossamon v. Cruse.Supreme Court of North Carolina · 1903
  4. Wilson v. . MooresvilleSupreme Court of North Carolina · 1942
  5. Brown v. WeaverMississippi Supreme Court · 1898

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