Public-domain · open source
OpenJurist

2 D.C. 552

United States v. Stott

Decided April 15, 1825

Indictment for assault and battery upon one Theodore Meade, who was a constable employed by the landlprd to levy a distress for rent. Having knocked at the outer door, it was partially opened by Mrs. Stott, but seeing the constable, she instantly endeavored to close it. The constable, having one arm and one leg in, forced it open and entered.

Decided 1825-04-15

The Court(Thruston, J., absent,)

¶1said that the bailiff had no right to force the door' open, under those circumstances. That he could not lawfully use force to get in, although the door was partially opened by the defendant. It was like the case of a door fastened with a chain so as to allow it to be opened a few inches only. In Lee v. Gansel, Lord Mansfield doubted, whether, if the chamber of Gansel could be considered as his castle, and the door so far opened as to admit the thigh of the officer, he could justify forcing himself entirely in, so as to arrest Gansel.

¶2Verdict, not guilty.

/2/dc/552 · .json · Public domain