State v. . Sigman

Citations

• 11 S.E. 520
• 106 N.C. 728

Syllabus

<p>Arrest — Assault — Homicide— Officer ■— Town Constable — Mimievpalities.</p> <p>1. The powers conferred upon city and town constables by sections 3808, 3810, The Code, are limited, in respect to arrests without warrant, to the territory embraced within the corporate boundaries; but when the constable is acting under a valid warrant from the Mayor of the municipality, or other duly authorized officer, he may make arrests at any place within the county in which such city or town is situated. ,</p> <p>2. If an officer is resisted in making nil arrest, he may use that degree of force which is necessary to the proper performance of his duty; and, after an accused person is arrested, the officer is justified in the use of such force as may be necessary, even to taking life, to prevent his escape, whether the offence charged is a felony or misdemeanor.</p> <p>3. But, where a person charged only with a misdemeanor flies from the officer to avoid arrest, the latter is not authorized to take life or shed blood in order to make the arrest. Under such circumstances, if he kills, he will at least be guilty of manslaughter, and he will be guilty of an assault if no actual injury is inflicted, if he usps such force as would have amounted to manslaughter had death ensued.</p> <p>4. Where a person charged with a misdemeanor escaped from the custody of an officer, and was fleeing to avoid a re-arrest, and the officer, being unable to overtake him, threatened to shoot, and, the fugitive not stopping, did fire his pistol when within thirty yards: Held, that the officer was guilty of an assault, no matter whether his intention was to hit the person so fleeing or simply to intimidate him and thereby induce him to surrender.</p> <p>5. An officer is authorized to take such precautions for the safe custody of his prisoner — such as tying or handcuffing — as in his judgment may be necessary, provided he acts in good faith and without malice.</p>