Wilkes v. Slaughter.
Supreme Court of North Carolina
I From Bertie. J This was an action of debt against the sheriff of Bertie, for permitting one Ryan, a debtor in his custody on execution at the suit of the plaintiff, to escape. . The facts were, that Slaughter, being sheriff of Bertie, by virtue of a ca. sa. at the suit of the plaintiff, arrested Ryan on the 15th of June 1822, and conveyed him to the common jail.
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I From Bertie. J This was an action of debt against the sheriff of Bertie, for permitting one Ryan, a debtor in his custody on execution at the suit of the plaintiff, to escape. . The facts were, that Slaughter, being sheriff of Bertie, by virtue of a ca. sa. at the suit of the plaintiff, arrested Ryan on the 15th of June 1822, and conveyed him to the common jail. The defendant, after placing Ryan in the' jail, delivered to him the key thereof; and Ryan contin-ned in the jail, from the 15th of June until the 5th of jujy? having, during that period, possession of the key, permitting such…
1Opinion of the Court
Tayior, Chief Justice,
dissentiente. — An escape is defined to be a violent, or privy evasion, out of some lawful restraint; as where a person is arrested or imprisoned, and gets away before delivered by course of law. (Stan/. P. C. C. 26.) The facts of this case do not bring it within this description of the offence; and if they amount to an escape, an alternative should be added to the definition, “ or where the sheriff so indulges the prisoner that he may if he please.” The rule of law ought to be very clear, which charges the sheriff in a case of this kind. Some well established principle,…
2Cited by5 opinions
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