{
  "id": 8688965,
  "name": "STATE v. F. M. FURGUSON",
  "name_abbreviation": "State v. Furguson",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "197",
  "last_page": "198",
  "citations": [
    {
      "type": "official",
      "cite": "76 N.C. 197"
    }
  ],
  "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": [],
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  "last_updated": "2023-07-14T21:21:57.000998+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. F. M. FURGUSON."
    ],
    "opinions": [
      {
        "text": "Eaircloth, J.\nAny officer in the State required to take an oath of office who shall wilfully omit, neglect of refuse to> discharge any of the duties of his office, shall be guilty of a, misdemeanor. Bat. Rev. ch. 32, \u00a7 107. This statute embraces the offence with which the defendant was charged and convicted,'to-wit; neglecting and refusing as Coustable \u25a0to execute a Peace \"Warrant issued and delivered to him by a Justice of the Peace within his own county.\nThe defence insisted oil is that as it does not appear that the warrant ivas issued on oath nor on view of the Justice it is void and the officer was not bound to execute it.\nAn officer acting under void process is a trespasser and must take notice of its character at his own peril. All persons must take notice whether those under whose authority they act could grant such authority.\nA Constable need not obey a warrant for a matter not within the jurisdiction of the magistrate but when there is jurisdiction and the warrant is not otherwise void, he as a ministerial officer is obliged to execute it and of course must be j ustified by it. He cannot inquire upon what evidence \"the judicial officer proceeded nor into the regularity of his \u2022decision. Welch v. Scott, 5 Ire. 72. A magistrate should uotissue a warrant except on oath or super visum, and if he dobs and innocent parties are arrested, he would be liable in damages to such parties ; but these are considerations for the Justice and not for the Constable. In.this case there is no doubt about the jurisdiction of the Justice.\nThere is no error. Let th'is be certified to the end that further proceedings may be had according to law.\nPer Curiam. - - Judgment affirmed.",
        "type": "majority",
        "author": "Eaircloth, J."
      }
    ],
    "attorneys": [
      "Atttorney General, for the State.",
      "Mr. W. H. Malone, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. F. M. FURGUSON.\nIndietment \u2014 Constable \u2014 Negleet of duty.\n1. A constable who neglects or rcf.ise-i to exejute criminal process lawfully issued and placed in his hands, is indictable under \u00a7 107, ch. 32, Bat Rev.\n2. A constable' is a ministerial officer and cannot inquire into the basis or regularity of criminal process issued by a judicial officer, when there-, is jurisdiction and the process is not otherwise void.\n(Welch v. .Scot\u00ed, 5 Ire. 72, cited and approved.)\nINDICTMENT for Misdemeanor under the statute (Bat. Rev. ch. 32, \u00a7 107,i tried at Fall Term, 1876, of Yancey Superior Court, before Henry. J.\nUpon affidavit before a Justice, a Peace Warrant was issued and placed in the hands of defendant, a Constable, directing him to execute it upon one Austin. About eight days thereafter the defendant met Austin and informed him that he-had a Peace Warrant against him, and thereupon one Edney being present replied that he would stand his (Austin\u2019s) security. Austin ran away and defendant returned the warrant more than a year after it was issued.\nThe Court instructed the jury that no arrest had been made according to law and that it was the duty of the defendant to have taken the party charged before the Justice without delay.\nVerdict of guilty. Judgment. Appeal by defendant.\nAtttorney General, for the State.\nMr. W. H. Malone, for the defendant."
  },
  "file_name": "0197-01",
  "first_page_order": 209,
  "last_page_order": 210
}