State v. . Ritchie
Supreme Court of North Carolina
This was an Indictment for Escape, tried at Spring Term, 1890, of Stanly Superior Court, before Shipp, J. The bill of indictment charged that the defendant had arrested one J. L. Ritchie under and by virtue of a certain warrant for bastardy.
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This was an Indictment for Escape, tried at Spring Term, 1890, of Stanly Superior Court, before Shipp, J. The bill of indictment charged that the defendant had arrested one J. L. Ritchie under and by virtue of a certain warrant for bastardy. The defendant made a motion to quash the bill, upon the grounds that it did not charge a “ crime or misdemeanor, or that the defendant was acting by virtue of any capias issuing on a bill of indictment, information or other criminal proceeding; that bastardy is not a crime or misdemeanor.” Motion allowed, and the Court gave judgment quashing the bill and…
1Opinion of the Court
Clark, J.:
An escape is defined — “.when one who is arrested gains his liberty before he is delivered in due course of law.” 1 Russ. Crimes., 467. And by another eminent authority, tersely, as “the departure of a prisoner from custody.” 2 Whart. Or. L., § 2606.
These definitions are cited and approved by SMITH, C. J., in State v. Johnson, 94 N. C., 924.
The indictment charges, in proper and sufficient terms, that the prisoner was arrested by the defendant by authority of a warrant for bastardy, and that the defendant subsequently unlawfully and negligently permitted the prisoner to escape. The…
2Cases cited3 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1886
- State v. . PalinSupreme Court of North Carolina · 1869
- Wooding v. . GreenSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Orth v. United StatesCourt of Appeals for the Fourth Circuit · 1918
- State v. . EdwardsSupreme Court of North Carolina · 1892
- Sutton v. . WilliamsSupreme Court of North Carolina · 1930
- Brady v. . HughesSupreme Court of North Carolina · 1921
- State ex rel. Sutton v. WilliamsSupreme Court of North Carolina · 1930
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