3 Conn. 537 | Conn. | 1821
Under the charge given to the jury, they must have found, that at the time of the arrest, the plaintiff was in the exercise of his franchise as an elector, and that he did not waive his privilege of protection. From the facts stated in the motion my mind would be led to the same result. Retiring to a house in the neighbourhood, while the proper officers were counting the votes, the defendant, on a fair construction of the constitution, was attending on the business of the election ; and mere silence, on his part, was no waiver of his privilege. Cameron v. Lightfoot, 2 Bla. Rep. 1190.
It was the duty of the officer, in compliance with the execution, to make the arrest, unless he had knowledge that the plaintiff was under the protection of his privilege. The arrest, per se, was not only valid, but in every view proper, admitting only the above exception ; and, in many cases, to make enquiry into the various facts, which confer on an individual the privilege of protection, and to decide them at his peril, would place an officer in a situation of extreme difficulty. He cannot administer an oath, nor compel the attendance or testimony of witnesses; and is without the means of coming to a satisfactory result. It ought always to devolve on the person arrested, with whom is the knowledge of the
New trial to be granted.