State v. Isham Hailey et al.
North Carolina Supreme Court
28 N.C. 11 (1845)
- Written by Jenny Perry, JD
Facts
Isham Hailey and others (defendants) resisted the entry of a slave patrol into a house they owned, preventing the patrol from searching it. In the relevant district, eight individuals were appointed to the patrol, three of whom went to the house. Hailey and the others used threats and weapons to bar the three members of the patrol from entering the house. The county court had not made any special rules or regulations for the government of the patrol and had not authorized less than a majority of the patrollers to act. Hailey and the others were indicted for forcibly resisting part of a slave patrol. The trial court held that action by less than a majority of the patrol carried no authority and that, therefore, Hailey’s and the others’ resistance was not criminal. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Nash, J.)
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