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North Carolina, Supreme Court, Raleigh : State v McDonald et al, December 1832, 1.

Published
Raleigh, North Carolina : North Carolina Supreme Court, 1832.
Physical Description
1 online resource
Additional Creators
Adam Matthew Digital (Firm)
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Summary
McDonald, a constable, was indicted for entering the house of Philip Brooks and carrying away a number of slaves. Another of the defendants, Daniel McNeill, had made a complaint that Brooks had induced his slaves to leave him and had obtained a warrant from a justice of the peace to enter Brooks's house and seize them, which McDonald executed. He seized some of the slaves from Brooks's fields, then forcibly entered Brooks's house and took away others he found there. The jury found that McNeill was entitled to the services of the slaves but that Brooks had acted in good faith in claiming to be their lawful owner. The judge found for the defendants and the state appealed. The Supreme Court (in the person of Justice Daniel, who had himself delivered the verdict in the lower court) ruled that the judge who issued the warrant under which McDonald acted had had no jurisdiction to do so, as the charge spelt out was a misdemeanour rather than a felony. McDonald had therefore been unjustified in executing it. Judgment reversed.
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Reproduction Note
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the North Carolina State Archives.
Location of Originals
North Carolina State Archives
Copyright Note
Material sourced from the North Carolina State Archives
View MARC record | catkey: 41990588