Winborne v. . Mitchell
Supreme Court of North Carolina
This is a motioN in the cause to subject J. S. Mitchell, a Sheriff, to liability as special bail by reason of the escape of the defendant, who had been arrested upon mesne process in this action, heard at Pall Term, 1891, of Hyde Superior Court, Brown, J., presiding. The defendants appealed.
1Opinion of the Court
Shepherd, J.:
It appears, from the testimony of the deputj'', that after making the arrest he permitted the defendant to go into his bedroom, from which the defendant escaped by a back door and has never been recaptured. This surely amounted to an escape in the eye of the law, and brings the Sheriff within The Code, § 313, which provides that, “ If, after being arrested, the defendant escape, or be rescued, or bail be not given or justified, or a deposit be not made instead thereof, the Sheriff shall himself be liable as bail,” &c. The obligation of bail is, “ that the defendant shall at all…
2Cases cited1 opinion
- Metcalf v. . StrykerNew York Court of Appeals · 1864
3Cited by2 opinions
- Sutton v. . WilliamsSupreme Court of North Carolina · 1930
- State ex rel. Sutton v. WilliamsSupreme Court of North Carolina · 1930