Penny v. Walker
Supreme Judicial Court of Maine
On exceptions. Trespass vi et armis, for an alleged assault and battery. At the time of the alleged assault, the defendant was a mail-carrier, and was engaged in conveying the United States mail; and the plaintiff was a constable of the city of Auburn, duly authorized to serve criminal process, and had a complaint and warrant for the arrest of the defendant, wherein the defendant was charged with having intoxicating liquors, kept and deposited, with intent to sell the same…
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On exceptions. Trespass vi et armis, for an alleged assault and battery. At the time of the alleged assault, the defendant was a mail-carrier, and was engaged in conveying the United States mail; and the plaintiff was a constable of the city of Auburn, duly authorized to serve criminal process, and had a complaint and warrant for the arrest of the defendant, wherein the defendant was charged with having intoxicating liquors, kept and deposited, with intent to sell the same in violation of law. The defendant contended that the plaintiff had no legal right to arrest him while he was in the…
1Opinion of the CourtBarrows, J.
The single question is whether a mail-carrier, who is at the time engaged in conveying the United States mail, is justified in using force to repel an officer duly qualified and having a legal warrant for his arrest to answer for an offence against a state law, when the charge (which was the keeping of spirituous liquors designed for unlawful sale) is neither treason, felony, nor a breach of the peace.
This defendant, in an action of trespass for an assault and battery committed upon such officer, requested the presiding judge to instruct the jury that the officer had no legal right to arrest…
2Cited by3 opinions
- State v. CollinsSupreme Court of Kansas · 1885
- In Re EmmettCalifornia Court of Appeal · 1932
- State v. KrumSupreme Court of Kansas · 1884