2 Park. Cr. 13
Court Of Oyer And Terminer New York
Decided July 16, 1823
Court Of Oyer And Terminer New York · decided 1823-07-16
The prisoner was indicted for an assault and battery upon the jailer. It appeared on the trial, that the prisoner was in the room with other prisoners, who had been brought from the Salem jail to this court at Sandy Hill, by the jailer.
Decided 1823-07-16
¶1The prosécutor' must produce the mittimus to show the prisoner wds legally in his custody. For aught that appears, the prosecutor was illegally detaining the prisoner, and if so, he had á right to resist any attempt of the prosecutor to restrain him of his liberty.
¶2The mittimus was not produced, and the prisoner was acquitted.