Ex parte Austin
Ex parte Austin
Opinion of the Court
delivered the opinion of the court.
The appellant petitioned the circuit court for the allowance of one hundred dollars,- the statutory reward for the capture of one Jim Carter, a fleeing homicide. The petition is based upon section 1459, Code of 1906, with amendments as found in section 1216, Hemingway’s Code. The petition was disallowed in the circuit court.
The uncontradicted testimony in the case was to the effect that Jim Carter, a negro boy, shot and killed another negro boy near Bovina, in Warren County. After the killing Carter at once went to the home of Mack Nailor, with
This section (section 1216, Hemingway’s Code) provides that:
“A person who shall arrest any one who kills another and is fleeing, or attempting to flee, before arrest, and shall deliver him up for trial, shall be entitled to the sum of one hundred dollars. . . - .
The narrow question for decision is whether under this testimony Jim Carter was fleeing, or attempting to flee, before arrest.
“Whilst due care must be taken to see that these claims for reward are bona fide, the statute must nevertheless be given a liberal construction in aid of parties arresting fleeing homicides.”
The term “fleeing from justice” as used in the statutes of- the United States has been defined: “To leave one’s home or residence or known place of abode within the district, or to conceal one’s self therein with intent in either case to avoid detection or punishment for some public offense against the United States.” State v. Lem Woon, 57 Or. 482, 107 Pac. 974.
In 26 C. J. 741, to flee from justice is defined as follows: “To leave one’s home or residence or known place of abode with intent to avoid detection or punishment for some public offense.”
The same definition is found in U. S. v. O’Brian, 27 Fed. Cas. 212, No. 15,908. From these authorities we think it is perfectly plain that a person who kills another and before his arrest conceals himself is fleeing, or attempting to flee, under this statute.
The judgment of the lower court is reversed and a judgment will be entered here in favor of the appellants.
Beversed, and judgment here for appellants.
Reversed,
Reference
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- Syllabus
- 1. Rewards. Statute providing reward for capture of fleeing homicide should he liberally construed. Section 1216, Hemingway’s Code, which provides that a person who shall arrest any one who kills another and is fleeing, or attempting to flee, before arrest, and shall deliver him up for trial, shall be entitled to the sum of one hundred dollars, should be given a liberal construction in aid of parties arresting fleeing homicides. 2. Rewabds. fine who after hilling another hides in locked barn held “fleeing” homicide, and arrester entitled to reward; “attempting to flee.” One who kills another and then hides himself under hay in a barn whose doors are closed and locked is fleeing, or atempting to flee, before arrest under this statute, and the persons arresting him while thus in hiding are entitled to the statutory reward.