Legal Opinion

Putman v. State

Supreme Court of Arkansas

Decided May 15, 1887PublishedCited by 7 opinions

APPEAL from Carroll Circuit Court. J. M. Pittman, Judge. 1. A “special” deputy sheriff is an officer not known or recognized by our laws, except in certain special cases. Mansf. Dig., secs. 2668, 2008, 2391; Bish. Cr. Pro., vol. 2, sec. 884; 103 Mass., 443; 17 III., 373; Mansf. Dig., secs. 6318-19-20. A special' deputy is in no sense a public officer. 2 Jac. & W., 468; Greenl.

Read the full summary

APPEAL from Carroll Circuit Court. J. M. Pittman, Judge. 1. A “special” deputy sheriff is an officer not known or recognized by our laws, except in certain special cases. Mansf. Dig., secs. 2668, 2008, 2391; Bish. Cr. Pro., vol. 2, sec. 884; 103 Mass., 443; 17 III., 373; Mansf. Dig., secs. 6318-19-20. A special' deputy is in no sense a public officer. 2 Jac. & W., 468; Greenl. Ev., vol. 1, sec. 83, note 4. 2. The indictment is insufficient, as it does not charge that appellant resisted “knowing” the said officer to be a'deputy sheriff or other officer. Bishop Dir. & Forms, sec. 839; Bish. Cr.…

1Opinion of the CourtSmith, J.

The indictment charged that Putman, on the 10th day of August, 1886, unlawfully and feloniously did resist the execution of a certain warrant of arrest, duly issued by the Clerk of the Eastern District of Carroll County, Arkansas, commanding the arrest of Dock Putman upon a charge of grand larceny, said Clerk then and there having authority to issue such warrant of arrest, the same being criminal process, by actually drawing a gun upon and threatening one T. O. Walker, he, the said T. O. Walker, then and there being duly and legally appointed a special deputy sheriff of Carroll County,…

2Cases cited5 opinions

  1. Kavanaugh v. StateSupreme Court of Alabama · 1868
  2. Guyman v. BurlingameIllinois Supreme Court · 1864
  3. State v. FreemanSupreme Court of Iowa · 1859
  4. State v. McOmberSupreme Court of Vermont · 1834
  5. State v. MooreSupreme Court of Connecticut · 1872

3Cited by7 opinions

  1. Jones v. CommonwealthSupreme Court of Virginia · 1925
  2. Appling v. StateSupreme Court of Arkansas · 1910
  3. Caldwell v. StateSupreme Court of Arkansas · 1904
  4. Slim & Shorty v. StateSupreme Court of Arkansas · 1916
  5. State v. EmbreySupreme Court of Arkansas · 1918

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API