State v. Castles

Court of Appeals of South Carolina

State v. Castles

20 S.C.L. 617

DecidedMay 15, 1835

StatusPublished

This text of 20 S.C.L. 617 (State v. Castles) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Castles, 20 S.C.L. 617 (S.C. Ct. App. 1835).

Pincite

Opinion

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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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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Bluebook (online)

20 S.C.L. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-castles-scctapp-1835.