(nem. con.) instructed the jury that if they should be of opinion, from the evidence, that Venable, the constable, was in .the general execution of his offiee as a conservator of the peace, and as such endeavoring to suppress the affray, then it is not necessary to produce the warrant spoken of by the witness. But if the jury should be of opinion that he was only endeavoring to execute the warrant, then the warrant must be produced, or its non-production satisfactorily accounted for.