State v. . Dunn
Supreme Court of North Carolina
InuictmbNt, tried before Clark, Judge, at the November .Special Criminal Term, 1885, of Wake Superior Court. The 'indictment charges the defendant, Dunn, with the wilful and unlawful removal of the gates and fence enclosing a pasture field of Norfleet Braswell and others, wherein live stock was confined, within territory over which the stock law prevailed, in violation of §§1062 and 2820 of The Code.
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InuictmbNt, tried before Clark, Judge, at the November .Special Criminal Term, 1885, of Wake Superior Court. The 'indictment charges the defendant, Dunn, with the wilful and unlawful removal of the gates and fence enclosing a pasture field of Norfleet Braswell and others, wherein live stock was confined, within territory over which the stock law prevailed, in violation of §§1062 and 2820 of The Code. On the trial before the jury upon the plea of not guilty, under instructions from the Court, a verdict of acquittal was rendered. Thereupon, on motion, the said Braswell, being-in Court, was…
1Opinion of the Court
Smith, 0. J.
(after stating the facts). It is provided in §737 of The Code, that in all criminal prosecutions, if the •defendant be acquitted, nolle prosequi entered, or judgment against him arrested, the costs, including the fees of all witnesses summoned for the accused, whom the Judge, Court, or justice of the peace before whom the trial took place, shall certify to have been proper for the defence, shall be paid by the prosecutor, whether marked on the bill or warrant or not, whenever the -Judge, Court or justice shall be of opinion that there was not reasonable ground for the prosecution,…
2Cases cited4 opinions
- State v. . CannadySupreme Court of North Carolina · 1878
- State v. Owens.Supreme Court of North Carolina · 1882
- State v. . AdamsSupreme Court of North Carolina · 1881
- State v. . NorwoodSupreme Court of North Carolina · 1881
3Cited by7 opinions
- State v. . JacksonSupreme Court of North Carolina · 1930
- State v. . TrullSupreme Court of North Carolina · 1915
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. CoatsNew Mexico Supreme Court · 1913
- State v. TrullSupreme Court of North Carolina · 1915
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