People v. Barber
New York Supreme Court
Appeal from court of oyer and terminer, Franldin county. Allen Barber was indicted and convicted of assault in the second degree, and appeals.
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Appeal from court of oyer and terminer, Franldin county. Allen Barber was indicted and convicted of assault in the second degree, and appeals. The indictment is as follows: “The grand ,1ury of the county of Franklin by this Indictment accuse Allen Barber of the crime of assault in the second degree, committed as follows: The said Allen Barber, on the 7th day of March, 1893, at the town of Dickinson, in this county, did feloniously, and with intent to resist a lawful mandate of a court, and to prevent the apprehension'of the said Allen Barber by an officer, to wit, James Sabin, a constable of…
1Opinion of the CourtHerrick, J.
It seems to me that the indictment sets forth an offense under section 218 of the Penal Code.1 The evidence shows that the defendant was committing an offense under section 448 of the Penal Code. The person who made the arrest, and whom the defendant assaulted, was a constable, and the defendant’s offense was committed in his presence. Under section 177 of the Code of Criminal Procedure, a constable had authority to *418arrest him for such offense without a warrant. The judgment should therefore be affirmed. I see no occasion for an opinion. All concur.
Pen. Code, § 218, provides as follows: “A…
2Cited by6 opinions
- United States Ex Rel. Zaffarano v. CorsiCourt of Appeals for the Second Circuit · 1933
- People v. DoyleAppellate Division of the Supreme Court of the State of New York · 1896
- People v. Killian, New York County Courts1973
- People v. DoyleAppellate Division of the Supreme Court of the State of New York · 1896
- People v. Van HoutenNew York Court of Sessions · 1895
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