Legal Opinion

State v. . Parker

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 12 opinions

Indicthent for Obstructing a Highway tried at Spring Term, 1879, of Edgecombe Superior Court, before Eure, J. After a verdict of guilty the defendant’s counsel moved in arrest of judgment because [the indictment concluded “ against the statute in .such case made and provided and against the peace and dignity.” The words “of the state ” were omitted, and the offence was one at common law. His Honor granted the motion and Collins, solicitor for the state, appealed.

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Indicthent for Obstructing a Highway tried at Spring Term, 1879, of Edgecombe Superior Court, before Eure, J. After a verdict of guilty the defendant’s counsel moved in arrest of judgment because [the indictment concluded “ against the statute in .such case made and provided and against the peace and dignity.” The words “of the state ” were omitted, and the offence was one at common law. His Honor granted the motion and Collins, solicitor for the state, appealed. Every offence against a statute should be laid contra pa-cem, and-though there are precedents without this conclusion, they do not…

1Opinion of the CourtAshe, J.

The indictment in this case is- for obstructing a highway, and concludes “against the statute in such cases made and provided, and against the peace and dignity,”

The defendant was found guilty by a jury, and on motion of his counsel, the judgment -was arrested, upon the ground • we suppose that the indictment concluded against the peace and dignity, omitting the words “ of the state.”

- The conclusion, against the- peace, of' the 'king,-has- been uniformly held in England to be; necessary in all indictments whether for statutory .or common law.offences. And in our constitution of 1776 it was…

2Cases cited3 opinions

  1. State v. . DavisSupreme Court of North Carolina · 1879
  2. State v. . SmithSupreme Court of North Carolina · 1869
  3. State v. . EvansSupreme Court of North Carolina · 1873

3Cited by12 opinions

  1. State v. SturdivantSupreme Court of North Carolina · 1981
  2. State v. HammondsSupreme Court of North Carolina · 1954
  3. State v. . WhitleySupreme Court of North Carolina · 1935
  4. State v. RussellSupreme Court of North Carolina · 1972
  5. State v. . CarpenterSupreme Court of North Carolina · 1917

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