State v. . Custer
Supreme Court of North Carolina
This was an indictment tried at the last Term of Edgecombe Superior Court, before his Honor, Judge Jones. The indictment charged “ that Julia Ouster, late of the County of Edgecombe, with force and arms, at, &c., on the 30th day of April, 1870, and constantly from that time to the taking of this inquisition, was found unlawfully sauntering about and endeavoring to maintain herself by gaming or other undue means, with no apparent means of -subsistence, contrary to the form of…
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This was an indictment tried at the last Term of Edgecombe Superior Court, before his Honor, Judge Jones. The indictment charged “ that Julia Ouster, late of the County of Edgecombe, with force and arms, at, &c., on the 30th day of April, 1870, and constantly from that time to the taking of this inquisition, was found unlawfully sauntering about and endeavoring to maintain herself by gaming or other undue means, with no apparent means of -subsistence, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.” Upon the trial, the jury…
1Opinion of the CourtBodmae, J.
The subject of vagrancy is governed altogether by statute. There are two of this State which must be considered for the decision of this case. The indictment follows closely the language of S. 43, ch. 34, Bev. Code; and as this differs somewhat from the subsequent act of 1866, (ch. 42, p. 61,) it becomes necessary to inquire whether the latter act is a repeal of the first. The last contains no clause of express repeal; and the rule in such cases is, that if there be no positive repugnancy, it will be held that the Legislature intended that both should be 'in force. In the description of the…
2Cited by17 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Winslow v. . MortonSupreme Court of North Carolina · 1896
- State v. . R. R.Supreme Court of North Carolina · 1906
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- State v. . MasseySupreme Court of North Carolina · 1889
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