Supreme Court of North Carolina December 5, 1841 (State v. . Stalcup)

Gaston, J.

In this case the counsel for the defendants prayed the Court to instruct the Jury, that an officer, having a State’s warrant to arrest an individual for an escape, had a right to tie the prisoner, if he deemed it necessary ; that the officer was the sole judge of this necessity; and that he was not answerable if he used no more force than was requisite to tie him.