State v. . Hawkins
Supreme Court of North Carolina
INDICTMENT agaist the defendant, as Overseer of the Poor, for cruel treatment to the paupers under his control, tried at Spring Term, 1877, of "Wilkes Superior Court, before Schenck, J. There was a verdict of guilty, and the defendant moved , in arrest of judgment upon the ground that the indictment was too vague and indefinité; in that, the names of the paupers alleged to have been' maltreated did not appear.
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INDICTMENT agaist the defendant, as Overseer of the Poor, for cruel treatment to the paupers under his control, tried at Spring Term, 1877, of "Wilkes Superior Court, before Schenck, J. There was a verdict of guilty, and the defendant moved , in arrest of judgment upon the ground that the indictment was too vague and indefinité; in that, the names of the paupers alleged to have been' maltreated did not appear. And it was insisted that the defendant was not an officer, and that the County Commissioners were the only officers criminally liable. The indictment is sufficiently set out in the…
1Opinion of the Court
Rodman J.
There can be no doubt that the defendant is a public officer iu the sense of being liable at common law for any neglect of bis duties and for any abuse of bis powers. H-is appointment is provided for by Bat. Rev. cb. 88, § 1.
Tbe meanness of the crime with which a defendant is charged, does not deprive him of the right to have applied to his case, the rules which the common law has provided for the ascertainment of guilt and the protection of innocence. One of these rules is that the indictment shall describe the offence with reasonable certainty, so that the accused may be informed…
2Cited by6 opinions
- State v. . HatchSupreme Court of North Carolina · 1895
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. . NorrisSupreme Court of North Carolina · 1892
- State v. LackeySupreme Court of North Carolina · 1967
- State v. . OstwaltSupreme Court of North Carolina · 1896
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