State v. . Ritchie
Cases that cite this one
7 later published cases cite this decision.
- United States v. Smithers (5th Cir. 1994)
- WALL v. GULLEDGE (District Court, M.D. North Carolina 2023)
- Orth v. United States (4th Cir. 1918)
- Sutton v. . Williams (N.C. 1930)
- State ex rel. Sutton v. Williams (N.C. 1930)
- Brady v. . Hughes (N.C. 1921)
- State v. . Edwards (N.C. 1892)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.