24 S.E. 216 | N.C. | 1896
The defendant Wynne was indicted, under The Code, sec. 991, for unlawfully receiving and consenting to receive money for an illegal purpose, to-wit, to discharge (1207) a prisoner then in his custody for a crime committed, said Wynne being then a special constable, duly appointed under the law of the State; and the defendant Oxendine is indicted for being present, aiding and abetting the unlawful act of the defendant Wynne. The defendants were convicted, and appealed. The defendants contend that the indictment was insufficient, because it uses the words "did receive and consent to receive," whereas the act (section 991) uses the words "receive or consent to receive." "Receiving" necessarily implies consenting to receive, and the Court has held that the indictment, in form like the present, was sufficient, and the reasons given in full. S. v. Van Doran,
It is not denied that the defendant received the warrant and arrested the defendants and had them in his custody, and (1208) discharged them for a consideration.
A justice of the peace, under The Code, sec. 645, may, "in extraordinary cases," appoint anyone, not being a party, to execute his mandate, and his decision is conclusive as to when such cases arise. S. v. Dula,
No Error.
Cited: S. v. Cole,