State v. . Newsom
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cumberland County, at the Fall Term, .1844, his Honor Judge Baxley presiding. The defendant, a free person of color, was tried upon the following indictment, viz: “ The jurors for the State, upon their oath present, that Elijah Newsom, a free person of color, late ofthe county of Cumberland, on the 1st day of June, in the year of our Lord, 1843, at Cumberland aforesaid, unlawfully did carry about his person, one shot gun, without…
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Appeal from the Superior Court of Law of Cumberland County, at the Fall Term, .1844, his Honor Judge Baxley presiding. The defendant, a free person of color, was tried upon the following indictment, viz: “ The jurors for the State, upon their oath present, that Elijah Newsom, a free person of color, late ofthe county of Cumberland, on the 1st day of June, in the year of our Lord, 1843, at Cumberland aforesaid, unlawfully did carry about his person, one shot gun, without having obtained a licence therefor from the Court of Pleas and Quarter Sessions of the county of Cumberland aforesaid,…
1Opinion of the CourtNash, J.
We are of opinion there was error in the judgment pronounced by the presiding judge. On the argument here it has been urged, that the act of 1840, (ch. 30,) under which the defendant was prosecuted, is unconstitutional, being in violation of the 2d article of the amended constitution of the United States, and also of the 3d and 17th articles of the Bill of Rights of this State. We do not agree to the correctness of either of these objections. The Constitution of the United States was ordained and established by the people of the United States, for their own government, and not for that of the…
2Cited by13 opinions
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