
    United States v. Faw.
    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.
    
      
      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,
   Which the Court refused.

Dückett, J,, absent.

The jury found the defendant not guilty.  