Mackalley’s case: 1611

If an officer or magistrate is killed when executing a process or preserving the peace, the offence is murder and remains so even if there is some defect in the process being executed, or the arrest was being made at night.
Constables were described as ministers of the King.
References: (1611) 9 Co Rep 65 b, (1611) Cro Jac 279, [1611] ER 824, [1572] EngR 233, (1572-1616) 9 Co Rep 61, (1572) 77 ER 824
Links: Commonlii
Jurisdiction: England and Wales
This case cites:

  • See Also – Mackalley’s Case 1572 (, [1572] EngR 234, (1572-1616) 9 Co Rep 65, (1572) 77 ER 828)
    . .

This case is cited by:

  • Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935 ([1935] AC 462, , [1935] UKHL 1)
    The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
  • Cited – Christie v Leachinsky HL 25-Mar-1947 ([1947] AC 573, , [1947] UKHL 2, [1947]1 All ER 567, [1947] 63 TLR 231, (1947) 111 JP 224)
    Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
  • Cited – Conway v Rimmer HL 28-Feb-1968 ([1968] AC 910, [1968] 2 WLR 998, [1968] 1 All ER 874, , [1968] UKHL 2)
    The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these . .

These lists may be incomplete.
Last Update: 30 October 2020; Ref: scu.223124