Legal Opinion

State v. Sherrard

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 8 opinions

CRIMINAL action for violation of an ordinance of the town of G-oldsboro, tried on appeal from a judgment of the mayor, before JSiarhuek, Judge, "and a jury, at the April Term of Wayne Superior Court: W. E. Burnett, a witness for the State, testified : “Defendant came to Agnes Cox’s place and asked ‘Where is the Professor’ (meaning witness) ‘doesn’t he board here?’ She answered yes..

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CRIMINAL action for violation of an ordinance of the town of G-oldsboro, tried on appeal from a judgment of the mayor, before JSiarhuek, Judge, "and a jury, at the April Term of Wayne Superior Court: W. E. Burnett, a witness for the State, testified : “Defendant came to Agnes Cox’s place and asked ‘Where is the Professor’ (meaning witness) ‘doesn’t he board here?’ She answered yes.. Defendant then said ‘-him, his throat ought to be cut,’ and kept cursing three or four minutes; anybody going along the street could have heard him ; it was in a loud manner. He also said I was a-highway robber.…

1Opinion of the Court

Clark, J.:

The defendant was tried for breach of the following city ordinance: “Sec. 2. That all disorderly con-duct_within the city limits shall subject the offender to a fine of $10 for each offence.” “Sec. 3. That if any person shall commit a breach of the peace or engage in any riotous or disprderly conduct within the limits of the city he shall pay a fine of $50 \ provided, that this section shall not be construed to relieve the Mayor from the duty of binding over the offender, according to law, if the offence-is one properly triable before a higher court.”

The ordinances are valid under…

2Cases cited3 opinions

  1. State v. . WarrenSupreme Court of North Carolina · 1893
  2. State v. CainanSupreme Court of North Carolina · 1886
  3. State v. . JonesSupreme Court of North Carolina · 1848

3Cited by8 opinions

  1. State v. ThorneSupreme Court of North Carolina · 1953
  2. PuebloSupreme Court of Puerto Rico · 1921
  3. Lewis v. CommonwealthSupreme Court of Virginia · 1945
  4. State v. . MooreSupreme Court of North Carolina · 1914
  5. State v. . MyrickSupreme Court of North Carolina · 1932

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