Court of Appeals of South Carolina, 1835

State v. Castles

State v. Castles
Court of Appeals of South Carolina · Decided May 15, 1835
20 S.C.L. 617

State v. Castles

Opinion of the Court

There is no such offence as obstructing a patrol in the per-formauee of their duty. To assault a public officer in the discharge of his duty, is an aggravated misdemeanor; but the assault is the offence, and the fact of its being committed on a public officer is mere aggravation; and so, to assault a patrol would be a misdemeanor, and it might also be a misdemeanor to rescue from them a slave lawfully apprehended; but so long as the opposition to a patrol consists in mere words, an indictment will not lie.

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