State v. . Thomas
Supreme Court of North Carolina
Appeal by defendants from Lane, J., at September Term, 1914, of ANSON. The defendants were convicted in the Superior Court, upon appeal from a justice of the peace, for failure to work the roads, three eases being consolidated by consent.
Read the full summary
Appeal by defendants from Lane, J., at September Term, 1914, of ANSON. The defendants were convicted in the Superior Court, upon appeal from a justice of the peace, for failure to work the roads, three eases being consolidated by consent. The warrants were the same in each case, except as to name of defendant, and were as follows: To the Sheriff or other lawful officer of Anson County — Greeting: Whereas complaint has been made to me this day on the oath of A. J. Johnson, setting forth that Benton Thomas did on or about August, 1914, with force and arms, at and in the county aforesaid,…
1Opinion of the CourtAlleN, J.
The warrant substantially follows the statute, and this has been held sufficient in a charge for failure to work the public roads. S. v. Covington, 125 N. C., 642.
It notifies the defendant that the accusation against him is a failure to-work a particular road in August, 1914, upon which he was due road service, after legal warning by the overseer, and falls within the principle declared in S. v. Moore, 166 N. C., 288, that “Criminal aecusátions, whether in the form of warrants or indictments, must fix and determine the identity of the offense with such particularity as to enable the accused…
2Cases cited7 opinions
- State v. . SmithSupreme Court of North Carolina · 1911
- State v. . MooreSupreme Court of North Carolina · 1914
- State v. . WoodlySupreme Court of North Carolina · 1855
- State v. . PoolSupreme Court of North Carolina · 1890
- State v. . SmithSupreme Court of North Carolina · 1887
2 more not listed; retrieve them via the Exa API.