Legal Opinion

State v. . McAfee

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 27 opinions

Indictment for Assault and Battery, tried at February Term, 1890, of the Criminal Court of Mecklenburg County, before Meares, J. The State introduced one Severs, a Justice of the Peace, who testified that, about 8 o’clock at night, on a Saturday in July, 1890, he was informed by one Watts that the defendant was beating his wife and about to kill her, and that he and his son went out to the road and heard persons talking in a loud tone down the road.

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Indictment for Assault and Battery, tried at February Term, 1890, of the Criminal Court of Mecklenburg County, before Meares, J. The State introduced one Severs, a Justice of the Peace, who testified that, about 8 o’clock at night, on a Saturday in July, 1890, he was informed by one Watts that the defendant was beating his wife and about to kill her, and that he and his son went out to the road and heard persons talking in a loud tone down the road. They were coming up the road in the direction of witness’ house. It was dark, and witness could not see the persons who were talking loud, but…

1Opinion of the Court

Avery, J.:

A Justice of the Peace, a Constable or a Sheriff is, unquestionably, authorized to arrest without warrant one who commits a felony or breach of the peace in his presence. State v. Hunter, 106 N. C., 798; State v. Freeman, 86 N. C., 683; 3 Wharton C. L., section 2927. But in State v. Hunter where the right of a policeman to arrest under the provisions of the charter without warrant for a violation of a city ordinance, was declared the same as in cases of breaches of the peace, the Court say that “they (policemen) must determine at their peril, preliminary to proceeding without…

2Cases cited3 opinions

  1. State v. . FreemanSupreme Court of North Carolina · 1882
  2. State v. . HuntleySupreme Court of North Carolina · 1884
  3. State v. . ShipmanSupreme Court of North Carolina · 1879

3Cited by27 opinions

  1. State v. BrooksSupreme Court of North Carolina · 1994
  2. State v. RobertsSupreme Court of North Carolina · 1967
  3. State v. MobleySupreme Court of North Carolina · 1954
  4. State v. RobertsSupreme Court of North Carolina · 1970
  5. State v. LeeOregon Supreme Court · 1927

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