I THE LAW
By ROBERT E. LEE
(For the N. C. Bar Association)
Arrest By Private Person
May a private person arrest
another without a warrant?
Yes. There axe two North
Carolina statutes listing instanc
es where a private person may
arrest without a warrant.
•Section 15-39 of the General
Statutes provides: “Every per
son jfcresent at any riot, rout, af
fray "or other breach of the
]£eace' shall endeavor to suppress
and prevent the. same, and, if
necessary for that purpose, shall
arrest the offenders.”
Section 15-40 of the General
Statutes provides: “Every per
son in whose presence a felony
has been committed may arrest
the person whom he knows or
has reasonable ground to believe
to be guilty of such offense...”
Both of these statutes require
that the crime be committed
within the presence of the pri
vate person making the arrest.
And if the particular crime is
not a “breach of the peace,” the
private person must determine at
his peril whether the crime is
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tain a warrant when this may
be promptly done. If a private
person undertakes to arrest
without a warrant another per
son otherwise than in the in
stances listed in these statutes,
he at once trespasses on the le
gal rights of another: and the
party whom he undertakes to
deprive of his liberty may re
sist him with such force as may
be necessary to defend himself
If it should subsequently be
determined that the arrest was
unlawfully made, the person
making the arrest is himself lia
ble in a civil action for dam
What is a felony?
The term is defined in the
statutes of North Carolina as
follows: “A felony is a crime
which is or may be punishable
by either death or imprisonment
in the state’s prison. Any other
crime is a misdemeanor.”
In general, felonies are crimes
that are of a more serious na
ture than misdemeanors. The
distinction is more or less arbi
trary, because the statutes have
added to the list of felonies some
crimes that are generally not
considered serious and to the list
of misdemeanors some crimes
that are by many persons con
sidered quite serious.
Police officers, as well as pri
vate persons, have difficulty in
remembering whether a particu
lar crime is a felony or a mii
A private person observes an
other wrongfully breaking into
the home of his neighbor. May
he arrest the person without a
Yes. It is a felony to break
into the home of another with
out authority. The act was com
mitted within the presence of
THE CHOWAN HERALD, EDENTON, NORTH CAROLINA. THURSDAY. JUNE 29, 1961.
the private person making the
A private person is passing a
home. He hears shouts ol
“Help! He is murdering me.”
May he break open and ehter
the home to prevent the com
mission of murder?
Yes. A North Carolina statute
says “All persons are authorized
to break open and enter a house
to prevent a felony about to be
This is the last of a spring se
ries of articles which have ap
peared weekly during the past
three months. They have been
written for the non-lawyer as a
public service of the North Caro
lina Bar Association. Another
series will be started in the
Wesley Chesson, Jr.
On Agribus Caravan
More than 150 bankers and
farm leaders from five south
eastern states flew from North
Carolina Monday, June 19, on
a seven-day Farm Opportunities
and Marketing Caravan to Mis
sissippi, Texas, Mexico and Lou
The annual week-long tour is
sponsored by Wachovia Bank
and Trust Company in coopera
tion with N. C. State College
and the N. C. Department of
Included in the caravan was*
Wesley Chesson, Jr., of Hobbs
Implement Company of Edenton.
The caravan returned to North
Carolina Sunday, June 25, fly
ing from New Orleans. During
the week, the group alternated
between planes and buses to
cover the caravan’s 3,000-mile
The Rev. and Mrs. F. H. La-
Garde attended the annual min
isters’ conference held in Hamp
ton, Va., this week.
Cont’d. from Page 6—Section 2
new world. Christianity is still
his enterprise for helping people
find release from all that defeats
them and for helping them find
entrance into all that cleanses
■heals, and ennobles them.
Christianity has lasting mean
ing because it is a message about
God—an invitation to know,
love, and obey him. Our homes
extend this invitation and con
vey this message best. The best
teachers of religion in the world
| far the sake of your home 531
are not preachers or church
school teachers, devoted and
well-trained and able though
■ hese 'may be. The best teach
are are parents. Ministers,
teachers and churches are inef
fective if they are in compe
tition with training that children
receive from their families. The
phrase “in competition” is used
advisedly. A home is never
neutral about religion. Parents,
by what they are and do, are
always teaching religion. The
question is WHAT are they
teaching about it? Do they in
sist that their children attend
church services on Sunday? Or
do they feel that religion is of
little importance? What the
parents DO, is what they teach.
What possible chance has a
church to succeed with you in
one or two hours a week, if his
home is pulling him in the op
posite direction fifty to sixty
hours a week?
We parents would do well to
ponder on this thought!
Christianity has meaning not
only because it is a message
about God, but also because it
is a message about men. It is i
an invitation for men to enjoy i
peace and goodwill. Animosity]
between men has become the
scourge and threat of the modern
world. No doubt hatred has al
ways existed, but never has it
been so intense, so divisive, and
so threatening as today. Our
world is too small for the bigo
try generated from prejudice.
And where are the most deep
seated prejudices taught? In
our homes. Where is under
standing, good will and brother
hood most effectively taught?
In our homes. It therefore can
plainly be seen that homes and
parents working hand in hand
with churches can bring this
country and the world into the
kingdom of love. May God have
mercy on us if we do not i
squarely face up to this chal
(These comments are based on
outlines of the International Sun
day School Lessons, copyrighleo
by the International Council ot
Religious Education, and used
Minutes Os County]
Board Os Education!
June 2, 1961
The Chowan County Board of
Education held its regular meet
ing June 2, 1961 at 8:00 P. M.
The following members were
present: Dr. L. F. Ferguson,
Garland Asbell, O. C. Long, Jr.,
Eugene Jordan, Marvin Evans
and G. B. Potter.
The meeting was called to or
der by the chairman, Mr. Pot
ter, after which the secretary
read the minutes of the previ
ous meeting. Motion to accept
the minutes as read was made
by Dr. Ferguson, seconded by
Mr. Evans and unanimously
The Local School Fund treas
urer’s reports for Chowan High
School and White Oak Consoli
dated School for May were read,
and also the county account
ant’s report for May. Motion to
accept the reports was made by
Dr. Ferguson, seconded by Mr.
Long and unanimously carried.
Bills paid since the last meet
ing were read by the secretary
in the amount of $4,266.48. Mo
tion to approve the payments
was made by Mr. Asbell, sec
onded by Mr. Evans and duly
Teachers elected by the Dis
trict School Committee since last
meeting were read as follows:
Miss Patsy Ann Oliver, French
and English; Troy L. Perry,
Coach and Physical Education;
Mrs. Imogene Finch Perry, sth
and 6th grade combination;
Robert Hendrix, 7th and Bth
grade social studies. Motion to
approve the election of teach
ers was made by Dr. Ferguson,
seconded by Mr. Long, and
The replacement of the Cho
wan High School boiler was dis
cussed. The superintendent read
a letter from the architect and
engineer offering certain recom
mendations. A motion to au
thorize the superintendent to
have the architect to proceed
with plans and specifications and
advertisement of bids, and to re
quest the Board of County Com
missioners to advance the ne
cessary funds against the budget
appropriation for the installation
of the boiler, was made by Dr.
Ferguson, seoonded by Mr.
.Evans and duly passed.
Motion to allow $54.00 toward
the workshop for the school bus
mechanics was made by Mr.
Asbell, seconded by Mr. Jordan
and duly carried.
Membership in the North Car
olina School Boards Association
was considered. A motion was
made by Mr. Jordan, seconded
by Mr. Long, that the Board re
new its membership by paying
the $50.00 fee, was duly carried.
The superintendent was au
, thorized to obtain bids for paint
ling classrooms, and be govern
ed accordingly in the awarding
lof contracts. The motion to ob
tain bids was mad* by Dr. Fer-
™ aiuy pa hot
Motion to allow the 4-H Club | Allow Easter Friday and Eas
the use of the activity bus to j ter Monday
attend camp at White Lake, was i Terminate classroom work on
made by Dr. Ferguson, seconded j May 30
by Mr. Evans and duly carried. ! Teacners file reports May 31.
Motion to adopt the following The motion to adopt the clos
dates for opening and closing: ing and opening dates was made
school 1961-62 as follows: iby Dr. Ferguson, seconded by
August 30 and 31 for teacher Mr. Asbell and unanimously
September 1, classroom work' A letter from Mr. and Mrs.
begins j E. L. Belch requesting that their
November 30 and December 1, ; children be granted permission
two days for Thanksgiving |to transfer to the Edenton
December 15, close school to j schools in 1961-62 was present-
January 1 for Christmas led to the Board. A motion was
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made by Mr. Asbell, seconded
by Mr. Long, that these chil
dren be given permission to
transfer to the Edenton schools
at their own expense, was
A resolution was offered that
all teachers and principals be 1
paid their first monthly voucher!
on September 25, 196 i, and on
the 25th day of each succeeding
calendar month during the
school term of 1961-62, except
that the final payment shall be!
made when all requirements of
this Board shall have been met.'
The resolution was adopted by
a motion made by Dr. Ferguson,
seconded by Mr. Evans and
The superintendent presented a
proposed school budget for 1961-
u 2 in the amount of $52,204.00.
Various items in the proposed
budget were discussed, after
which a motion wa smade by
Mr. Jordan, seconded by Mr.
Long and unanimously adopted.
No further business the Board
G. B. POTTER, Chairman
W. J. TAYLOR. Secretary