Legal Opinion

State v. . Crook

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 27 opinions

Appeal from a justice’s court tried at Spring Term, 1884, of UnioN Superior Court, before MacRae, J. The defendants were charged in a justice’s warrant with a misdemeanor, in “ unlawfully” releasing impounded stock, in violation of the act of 1879, ch. 185, § 12. The case is stated in the opinion here. The state solicitor appealed from the ruling of the court below.

1Opinion of the CourtMekrxmon, J.

A justice of the peace in the county of Union on the 16th day of May, 1883, issued his warrant against the defendants, charging them with a violation of the statute, (acts 1879, ch. 135, § 12,) and they were arrested and taken before the justice of the peace and tried. He found them guilty, gave judgment against them, and they appealed to the superior court.

The warrant charged that the mischief complained of was “ unlawfully ” done, but it did not charge that it was “ unlawfully and wilfully ” done.

In the superior court, the defendants moved to quash the warrant upon the ground that the…

2Cases cited4 opinions

  1. State v. . QuickSupreme Court of North Carolina · 1875
  2. State v. . BrysonSupreme Court of North Carolina · 1881
  3. State v. . EdneySupreme Court of North Carolina · 1879
  4. State v. . FoxSupreme Court of North Carolina · 1879

3Cited by27 opinions

  1. State v. Lytle.Supreme Court of North Carolina · 1905
  2. State v. ThomasSupreme Court of North Carolina · 1952
  3. State v. FennerSupreme Court of North Carolina · 1965
  4. Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
  5. State v. . GoffSupreme Court of North Carolina · 1934

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