State v. . Savery
Supreme Court of North Carolina
CRIMINAL Action for violation of special city ordinance of Winston in refusing to> be vaccinated, beard on appeal from tbe Mayor’s Court, by Robinson, J., and a jury upon' tbe plea of not guilty. Upon tbe trial the prosecutor testified tbe warrant bad not been sworn to — thereupon tbe defendant claimed a verdict of not guilty — -which was allowed, and the State appealed.
1Opinion of the Court
This is a criminal action brought here on the appeal of the State from a judgment discharging the defendant after a general verdict of not guilty. The material facts are as follows: The cause came on to be heard before the Superior Court on a warrant (1084) issued by the mayor of the city of Winston against the defendant. There was no defect appearing on the face of the warrant, though no affidavit was attached.
The defendant pleaded not guilty, and the jury was empaneled.
The State introduced a witness, who swore that the warrant was issued without any affidavit, he being the witness referred…
2Cases cited19 opinions
- State v. . McGimseySupreme Court of North Carolina · 1879
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . DavidsonSupreme Court of North Carolina · 1899
- State v. . OstwaltSupreme Court of North Carolina · 1896
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3Cited by6 opinions
- State v. . BrannerSupreme Court of North Carolina · 1908
- State v. . McCollumSupreme Court of North Carolina · 1940
- State v. . CraigSupreme Court of North Carolina · 1918
- State v. LynnSupreme Court of South Carolina · 1922
- State v. LittleSupreme Court of Iowa · 1929
1 more not listed; retrieve them via the Exa API.