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State v. Ritchie

The State v. W. A. Ritchie

State v. Ritchie, 12 S.E. 251 (N.C. 1890)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 5, 1890
Judges
Clark
Citations
12 S.E. 251107 N.C. 857
Headnotes
Escape — Indictment. 1. An escape is defined to be when one who is arrested gains his liberty before he is delivered in due course of law. 2. An indictment lies, at common law, independent of the statute [The Code, § 1022), against an officer who permits the escape of one arrested upon a bastardy warrant.
Summary
This was an Indictment for Escape, tried at Spring Term, 1890, of Stanly Superior Court, before Shipp, J. The bill of indictment charged that the defendant had arrested one J. L. Ritchie under and by virtue of a certain warrant for bastardy. The defendant made a motion to quash the bill, upon the grounds that it did not charge a “ crime or misdemeanor, or that the defendant was acting by virtue of any capias issuing on a bill of indictment, information or other criminal proceeding; that bastardy is not a crime or misdemeanor.” Motion allowed, and the Court gave judgment quashing the bill and discharging the defendant. Appeal by the State.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clark

Clark, J.:

An escape is defined — “.when one who is arrested gains his liberty before he is delivered in due course of law.” 1 Russ. Crimes., 467. And by another eminent authority, tersely, as “the departure of a prisoner from custody.” 2 Whart. Or. L., § 2606.

These definitions are cited and approved by SMITH, C. J., in State v. Johnson, 94 N. C., 924 .

The indictment charges, in proper and sufficient terms, that the prisoner was arrested by the defendant by authority of a warrant for bastardy, and that the defendant subsequently unlawfully and negligently permitted the prisoner to escape. The warrant for bastardy was legal and sufficient authority to arrest such prisoner.

The Code, § 32;

State v. Palin, 63 N. C., 471 ;

State v. Green, 71 N. C., 172 . The .indictment was, therefore, valid at common, law, as may be seen from above citations. This renders it unnecessary to consider whether the indictment was not also sufficient under the statute (The Code, § 1022). The motion to quash was improvidently allowed.

Error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1892: 11918: 11921: 11930: 11994: 12023: 118922026peak 1892 · 1

Relies on it most ⓘ

  1. WALL v. GULLEDGENo. 1:22-cv-00031 (M.D.N.C. Feb. 16, 2023)
  2. Orth v. United States252 F. 566 (4th Cir. 1918)
  3. United States v. Smithers27 F.3d 142 (5th Cir. 1994)
  4. State v. Edwards14 S.E. 741 (N.C. 1892)
  5. Sutton v. Williams155 S.E. 160 (N.C. 1930)
  6. Brady v. Hughes106 S.E. 829 (N.C. 1921)

Most recent

  1. WALL v. GULLEDGENo. 1:22-cv-00031 (M.D.N.C. Feb. 16, 2023)
  2. United States v. Smithers27 F.3d 142 (5th Cir. 1994)
  3. Sutton v. Williams155 S.E. 160 (N.C. 1930)
  4. Brady v. Hughes106 S.E. 829 (N.C. 1921)
  5. Orth v. United States252 F. 566 (4th Cir. 1918)
  6. State v. Edwards14 S.E. 741 (N.C. 1892)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State v. Palin, 63 N.C. 471 (1869) 7
State v. Johnson, 94 N.C. 924 (1886) 6
Wooding v. Green, 71 N.C. 172 (1874) 2

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