State v. . Parker
Supreme Court of North Carolina
This was an Indictment for an Assault and Battery, tried before his Honor, Judge Moore, at the Spring Term, 1876, of the Superior Court of Pitt County. On the trial below, the jury returned the following special verdict, to-wit: (1.) That the¡ defendant did arrest the prosecutor, Robert Starkey, and against his consent put him in the “ lock-up,” at Marlboro*, and released him as soon as he became sober.
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This was an Indictment for an Assault and Battery, tried before his Honor, Judge Moore, at the Spring Term, 1876, of the Superior Court of Pitt County. On the trial below, the jury returned the following special verdict, to-wit: (1.) That the¡ defendant did arrest the prosecutor, Robert Starkey, and against his consent put him in the “ lock-up,” at Marlboro*, and released him as soon as he became sober. (2.) That the defendant was Town Constable for the village of Marlboro’, and arrested and imprisoned Robert Starkey as he thought in discharge of his official duty, as he so declared at the…
1Opinion of the CourtBynum, J.
Admitting that the ordinance in question is a valid one, it no where coiilbrs, and it could not constitutionally confer upon a constable, a ministerial officer, the power to arrest and imprison for a penalty incurred or for any other violation of law, except it may be for safe custody. Men may not be arrested, imprisoned and released upon the judgment or at the discretion of a constable or any one else. If the alleged offence be criminal in its character and committed in the presence of the officer, he may arrest and take the offender before a magistrate for trial. If the offence is penal,…
2Cited by6 opinions
- Keefe v. HartMassachusetts Supreme Judicial Court · 1913
- State v. . AbernethySupreme Court of North Carolina · 1925
- School Directors v. . AshevilleSupreme Court of North Carolina · 1905
- School Directors v. City of AshevilleSupreme Court of North Carolina · 1905
- In re HarvellDistrict Court, E.D. North Carolina · 1920
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