State v. Leak, 7118SC258
| Decision Date | 26 May 1971 |
| Docket Number | No. 7118SC258,7118SC258 |
| Parties | STATE of North Carolina v. Willie James LEAK. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Robert Morgan by William Lewis Sauls, Staff Atty., Raleigh, for the State.
Robert D. Douglas, III, Greensboro, for defendant-appellant.
In his first assignment of error, defendant contends that the trial court erred in denying his motion for nonsuit interposed in the resisting arrest case.
Pertinent evidence, viewed in the light most favorable to the state, tended to show: Defendant's grandfather with whom he lived caused a warrant to be issued against defendant charging him with malicious injury to real property. Officer Collins had possession of the warrant for purpose of arresting the defendant. While patrolling on a High Point street, Officer Collins saw defendant and drove his patrol car close to defendant. Mr. Collins advised defendant that he had a warrant for his arrest and asked defendant to go with him to the police station. After some complaining, defendant entered the patrol car and accompanied Officer Collins to a magistrate's office at the police station where defendant was booked and advised that his bond was $100. Defendant tried to get the magistrate to waive the bond but the magistrate refused to do so. Officer Collins and another officer then started escorting the defendant to the jail and defendant asked that he be allowed to make a telephone call. Officer Collins told him that there was a telephone in the jail and that defendant would be allowed to make a telephone call in the jail. Defendant observed a telephone in an assembly room near the magistrate's office and insisted on using that telephone. Officer Collins told him that he could not use that telephone; defendant then struck Officer Collins in the face with his fist and proceeded to fight Officer Collins and the other officer. They finally subdued defendant, carried him to the jail and delivered him to Officer Palmer, the assistant jailer. A short while thereafter, defendant committed the charged assault on Officer Palmer.
Defendant contends that at the time he was in the magistrate's office his arrest had been consummated, that the acts alleged to have occurred between the magistrate's office and the jail were not in connection with his arrest, therefore, he was not guilty of resisting arrest. We do not agree with this contention.
In Hadley v. Tinnin, 170 N.C. 84, 86 S.E. 1017 (1915), our Supreme Court defined 'arrest' as follows:
In 6 C.J.S. Arrest § 1, we find the following:
'In criminal procedure an arrest consists in the taking into...
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State v. Brannon
...arm and leg when officers attempted to place Dowd in his cell. In Dowd, our supreme court cited with approval the North Carolina case of State v. Leak, which holds that an "arrest also includes `bringing the person personally within the custody and control of the law.'" State v. Leak, 11 N.......
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Roberts v. Swain
...into custody; arrest also includes 'bringing the person personally within the custody and control of the law.' " State v. Leak, 11 N.C.App. 344, 347, 181 S.E.2d 224, 226 (1971). In Leak, this Court held the arrest of the defendant terminated when he was delivered to the jailer and properly ......
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...arrest at that point. An arrest is a continuing process from the time one is apprehended until he is placed in jail. In State of North Carolina v. Leak, 11 N.C.App. 344, 181 S.W.2d 224, the defendant was arrested on a warrant and taken before a magistrate and after proceedings there, he was......
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...of the law, for the purpose specified in, or contemplated by, the process. Id. at 126-27, 533 S.E.2d at 593 (quoting State v. Leak, 11 N.C.App. 344, 181 S.E.2d 224 (1971)). Trooper Davis "restrained [Landis] of his liberty" and brought him "within the custody and control of the law." Theref......