State v. . Garrell
Supreme Court of North Carolina
INDICTMENT for an Escape, tried at November Term, 1879, of New Hanover Criminal Court, before Mean, J. The facts appear in the opinion. The defendant moved to quash the bill on the ground that the judgment of the court was erroneous, in that, the sentence upon the prisoner who escaped from the custody of the defendant, should have authorized his imprisonment in the county jail instead of in the house of correction, of which ' the defendant was manager.
Read the full summary
INDICTMENT for an Escape, tried at November Term, 1879, of New Hanover Criminal Court, before Mean, J. The facts appear in the opinion. The defendant moved to quash the bill on the ground that the judgment of the court was erroneous, in that, the sentence upon the prisoner who escaped from the custody of the defendant, should have authorized his imprisonment in the county jail instead of in the house of correction, of which ' the defendant was manager. The solicitor insisted that the defendant could not avail himself of any illegality in the judgment against the party who was placed in his…
1Opinion of the CourtDillard, J.
One Andrew Hogan was convicted of larceny, and sentenced to imprisonment at hard labor in the house of correction of New Hanover county by the judge of the criminal court of said county, and after being delivered into the custody of the defendant, the duly appointed manager of said house of correction, the said Hogan escaped from the custody and went at large; thereupon the defendant was indicted upon the charge of an escape allowed or suffered by his negligence as such manager.
The defendant, when called to plead to said indictment, moved to quash the bill, and on consideration of the motion,…
2Cases cited2 opinions
- State v. . LawrenceSupreme Court of North Carolina · 1879
- Wetherell v. . GormanSupreme Court of North Carolina · 1876
3Cited by4 opinions
- State v. HayesNew Jersey Superior Court Appellate Division · 1958
- Cornell v. MasonIdaho Supreme Court · 1928
- State v. GoffSupreme Court of North Carolina · 1965
- State v. . ArmisteadSupreme Court of North Carolina · 1890