State v. Lyon

• Decision Date: 31 October 1885
• Citation: 93 N.C. 575
• Court: North Carolina Supreme Court
• Parties: STATE v. ZENO LYON.

93 N.C. 575

STATE

v.ZENO LYON.

Supreme Court of North Carolina.

October Term, 1885.

Proceedings on a PEACE WARRANT, heard before MacRae, Judge, at June Special Term, 1885, of the Superior Court of GREENE county.

On the first day of September, 1884, the appellants applied for, and obtained from a justice of the peace in the county of Greene, a peace warrant against one Zeno Lyon. Lyon was arrested and taken before the justice of the peace, who, on the 24th day of the same month, made his order requiring him, with sureties, to enter into a recognizance, as allowed by law in such cases, in the sum of $200, conditioned that he should keep the peace generally, and particularly towards the present appellants. From that order, the defendant Lyon appealed to the Superior Court. That Court heard the matter of the warrant mentioned de novo, and made an order discharging the defendant Lyon, and gave judgment against the prosecutors, the present appellants, for the costs of the action. The appellants excepted and appealed.

Attorney General, for the State .

Messrs. Bryan & Burkhead, for appellants .

MERRIMON J., (after stating the facts).

The counsel for the present defendants insisted on the argument before us, that no appeal lay in favor of the defendant in the peace warrant, from the order of the justice of the peace requiring him to enter into a recognizance to the State, conditioned that he would keep the peace and be of good behaviour, &c. We are of that opinion, and think that the Superior Court should have dismissed the supposed appeal.

A “peace warrant” is denominated in The Code a criminal action, but it is no part of its purpose to charge a party with a criminal offence, try him for the same, and, if found guilty, impose a punishment upon him. It is a proceeding in the administration of preventive justice, the purpose of which is to oblige a person, who, there is probable ground to believe, will commit some criminal offence, or do some unlawful act, to stipulate with and give satisfactory assurance to the public, that such apprehended offence will not happen; that he will keep the peace and be of good behaviour generally, and in such cases, specially toward a person, or persons named. The party recognized is only required to do what a good citizen ought to do without compulsion. Sir William Blackstone says: “This preventive justice consists in obliging the persons whom there is a probable ground to suspect of future misbehaviour, to stipulate with, and give full assurance to the public, that such offence as is apprehended shall not happen; by finding pledges or securities for keeping the peace, or for their good...