State v. . Rogers

Tbis is a conviction for manslaughter. The defendants were here on a former appeal, 162 N. C., 656. The defendant Rogers was the marshal of the town of Clyde and his codefendant had been deputized by him to assist in maintaining order at the time of the occurrence.

Exceptions 1, 3, and 5 present the question of the right of the defendants to arrest the deceased without a warrant for a pr*e-vious disturbance which had occurred downtown.

That an officer cannot arrest without a warrant for a breach of the peace previously committed is well settled. S. v. Campbell, 107 N. C., 948, where the Court…