State v. . Armistead

Citations

• 10 S.E. 872
• 106 N.C. 639

Syllabus

<p>Rescue — Resistance to Officer — Special Constable.</p> <p>1. When a Justice oí the Peace (under The Code, §645), in writing, appoints a “special constable,” without words restricting the authority, this confers a general power to serve all processes and perform all the duties in regard to the particular case which a regular constable could, if present.</p> <p>2. When a prisoner legally sentenced is placed in charge of a special officer to convey to jail, the legality of his custody by the officer depends upon the validity of the special deputation of the officer, and not upon the sufficiency of the mittimus, which is to terminate his duties.</p> <p>8. It is a criminal offence to take, by force, from the custody of an officer a prisoner legally committed to his charge to convey to-jail, and it is no defence that the mittimus does not comply, in all respects, with the requirements of The Code, § 1238.</p>