State v. Justices of Lenoir County
Supreme Court of North Carolina
From Lenior. The question in this case arose upon the indictment, which was in these words, viz: The Jurors for the state upon their oath present, that within the county of Lenoir there now is, and from time immemorial there hath been, a certain common jail, for the purpose of keeping in safe custody offenders and prisoners within the same, situate and being in the county of Lenoir, known by the name of the jail of Lenoir; and that on the first day of January, in the year of…
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From Lenior. The question in this case arose upon the indictment, which was in these words, viz: The Jurors for the state upon their oath present, that within the county of Lenoir there now is, and from time immemorial there hath been, a certain common jail, for the purpose of keeping in safe custody offenders and prisoners within the same, situate and being in the county of Lenoir, known by the name of the jail of Lenoir; and that on the first day of January, in the year of our Lord one thousand eight hundred and twenty-five, and continually front thence, until the day of taking this…
1Opinion
The form of this indictment is evidently taken (197) from the English precedents of indictments against the county for not keeping in repair the roads and bridges within the county, and I agree with the counsel for the defendants that there is no analogy in the cases. Of common right, in England, the county is bound to keep all public roads and bridges in repair. They can protect themselves from the burthen only by throwing it on some other person. The corpusdelicti is the permitting the road or bridge to be out of repair. The law will admit of no such defense as here, the employment of all…
2Cases cited8 opinions
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- State v. . FrazierSupreme Court of North Carolina · 1896
- State v. LeeperSupreme Court of North Carolina · 1908
- State v. . FishblateSupreme Court of North Carolina · 1880
- Binford v. . AlstonSupreme Court of North Carolina · 1833
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