
    Case No. 15,079.
    UNITED STATES v. FAW.
    [1 Cranch, C. C. 487.] 
    
    Circuit Court, District of Columbia.
    July Term, 1808.
    Constable—Right to Break Doors.
    A constable, having a warrant to arrest a man for assault and battery, has a right to break open the door of the offender’s dwelling-house to arrest him.
    Indictment for not doing all in his power to prevent a riot, whereby a man was killed. [For prior proceedings in this suit, see Case No. 15,078.]
    Mr. Jones, for the United States,
    prayed the court to instruct the jury, that neither the constable nor the magistrate had a right to break open the door of the house inhabited by a man, to arrest him upon a warrant for an assault and battery,
    
      
       [Reported by Hon. William Cranch. Chief Judged
    
   Which

THE COURT

refused

(DUCKETT, Circuit Judge, absent).

The jury found the defendant not guilty.  