The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 27
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...by a mob is no excuse to ofiicer. A20 id. 598. No case exactly like the present was produced in the argument, and none such is known to us. The two just cited are as near in point as any we have been able to find. They would seem to suggest, if not to furnish, a rule of decision for the case before us. A ministerial ofilcer, armed with due process of law and acting within it, is the servant of the State and not of the plaintifi. Resistance to him is resistance to the public authority, and is a penal offense. Code, 4476. He can command assistance, and must do it at his peril when he is in a situation to require it. He can summon a posse, and with their support carry his process iuto execution. If it was his duty to make the levy, and he failed to do it, the plaintifi's remedy is against him, and not against those who obstructed him. Civilly considered, the obstruction was an injury to him, not to the plaintiff. If the oflicer could have made the levy had there been no resistance, then, in contemplation ' of law, he could have made it in spite of the resistance. It does Williams v. State of Georgia. not appear that he commanded assistance, or that there was none at hand. The court erred in sustaining the certiorari. Cited in argument, Gm-away v. Atlanta d5 W. P. R. R. 00., 58 Ga. 216; 1 Redf. on Railways, p. 535 et seq.; Code, 2951, 2962, 3033; Savannah, G., etc., R. R. C'o.v. Wilcox, 48 Ga. 432; 1 Black, 101; Paget v. Perchard, 1 Espinasse, 205, and note. Judgment reversed. WILLIAMS v. STATE or Gnonou. (60 Ga. 367-) Crimimrl law--limiting time of prisoner' counsel in addressing jury. In the trial of a felony, whether the prisoner is hoard through one counsel or two, the length of the argument is not a...
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