{
  "id": 8628755,
  "name": "STATE v. DERO CORPENING",
  "name_abbreviation": "State v. Corpening",
  "decision_date": "1935-02-27",
  "docket_number": "",
  "first_page": "805",
  "last_page": "806",
  "citations": [
    {
      "type": "official",
      "cite": "207 N.C. 805"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "52 N. C., 222",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2088523
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/52/0222-01"
      ]
    },
    {
      "cite": "7 N. C., 146",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8685865
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/7/0146-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 228,
    "char_count": 3161,
    "ocr_confidence": 0.483,
    "pagerank": {
      "raw": 5.659184986478218e-08,
      "percentile": 0.3528333119035125
    },
    "sha256": "23c001d7c7d2151b1e5a4e0b7c7898abb1e58ce0f0d12c83ccc61bfbe635a2b8",
    "simhash": "1:0e3622915629279d",
    "word_count": 545
  },
  "last_updated": "2023-07-14T19:17:31.653514+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. DERO CORPENING."
    ],
    "opinions": [
      {
        "text": "Sci-iencK, J.\nThe prosecuting witness, M. W. Morris, was a constable of Middle Fork Township in Forsyth County and attempted to arrest the defendant Dero Oorpening in the city of Winston-Salem, outside of said township but inside of said county. The attempted arrest was made without a warrant for an assault committed in the presence of the constable, and was violently resisted by the defendant.\nThe defendant states in his brief that he abandons all other exceptions and rests his appeal \u201con the ground that the constable, being out of his township, did not have power or authority to arrest the defendant, and hence that defendant could not be guilty of resisting an officer in the performance of his duty.\u201d The position of the defendant cannot be sustained. \u201cThe powers and duties of constables are coextensive with the limits of the county within which they are appointed.\u201d Dade v. Morris, 7 N. C., 146. See, also, Dunton v. Doxey, 52 N. C., 222.\nIn Bade\u2019s case, supra, while it was held that the constable was not liable for a breach outside of his district of a bond, \u201cthe words of which are that he shall discharge his duty as constable within the district of New Bern,\u201d it was said \u201cthat he (the constable) is liable in an action on the case for the breach of duty anywhere in the county of Craven.\u201d This case was decided in 1819, and C. S., 976, which has been successively brought forward from R. C., c. 24, s. 9, Code, s. 643, and Rev., s. 937, reads as follows: \u201cConstables are hereby invested with and may execute the same power and authority as they have been by law heretofore vested with, and have executed;....\u201d\nThe intention of those who drafted section 24, Article IV, of the Constitution of North Carolina, when they wrote, \u201cIn each township there shall be a constable elected in like manner by the voters thereof, who shall hold his office for two years,\u201d was not to restrict the powers and duties of the constables to the township in wdiich they were elected, but to intersperse the constables throughout every part of the county.\nAffirmed.",
        "type": "majority",
        "author": "Sci-iencK, J."
      }
    ],
    "attorneys": [
      "' J ames M. Little, Jr., for defendant appellant.",
      "Attorney-General Brummitt and Assistant Attorney-General Seawell for the State."
    ],
    "corrections": "",
    "head_matter": "STATE v. DERO CORPENING.\n(Filed 27 February, 1935.)\nConstables B a: Arrest B d \u2014 Constable\u2019s powers and duties are coextensive with the limits of the county within which he is appointed.\nA constable has authority to make an arrest anywhere in the county within which he is appointed, and in a prosecution for resisting arrest, C. S., 4378, a defense that the arrest was made by a constable outside of his township and that therefore defendant did not resist an officer in the performance of his duty is unavailing. C. S., 976; Const., Art. IV, sec. 24.\nAppeal from Hill, Special Judge, at May Term, 1934, of Foesyth.\nAffirmed.\nOn appeal from the municipal court of Winston-Salem, the defendant was convicted upon a warrant charging him with wilfully and unlawfully resisting a public officer in the discharge of a duty of his office, in violation of C. S., 4378. From judgment pronounced on the verdict, the defendant appealed to the Supreme Court, assigning error.\n' J ames M. Little, Jr., for defendant appellant.\nAttorney-General Brummitt and Assistant Attorney-General Seawell for the State."
  },
  "file_name": "0805-01",
  "first_page_order": 873,
  "last_page_order": 874
}