State v. . Lunsford
Supreme Court of North Carolina
INDICTMENT for selling whiskey in tbe city of Asheville contrary to law, tried on apiieal from the police -court of the city of Asheville, before Ward, J., and a jury, at November Term, 1908,'of Buncombe. The procedure under which conviction was had is shown in the affidavit and warrant appearing in the record, as follows: “North Cakolina- — Buncombe County. City of Asheville, Police Justice’s Court. “Charge: Violation of Ordinance .No. State.
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INDICTMENT for selling whiskey in tbe city of Asheville contrary to law, tried on apiieal from the police -court of the city of Asheville, before Ward, J., and a jury, at November Term, 1908,'of Buncombe. The procedure under which conviction was had is shown in the affidavit and warrant appearing in the record, as follows: “North Cakolina- — Buncombe County. City of Asheville, Police Justice’s Court. “Charge: Violation of Ordinance .No. State. “E. C. McConnell maketh oath that on 26 September, 1908, in the city of Asheville, North Carolina, Jim Lunsford did unlawfully and willfully sell…
1Opinion of the CourtHoke, J.
While the statutes in this State are full and sufficient to cure all formal defects in the procedure incident to a criminal prosecution, the requirement remains that in any and every such prosecution, whether by indictment or warrant, either alone or in connection'with the accompanying affidavit, the defendant shall be informed of the accusation against him, and this accusation must be set forth with sufficient certainty to enable the court to say what offense has been committed and to know what punishment may # be imposed in case of conviction. Hendersonville v. McMinn, 82 N. C., 533;…
2Cases cited2 opinions
- State v. Lytle.Supreme Court of North Carolina · 1905
- State v. HolderSupreme Court of North Carolina · 1903
3Cited by9 opinions
- State v. NugentSupreme Court of North Carolina · 1955
- State v. AlbartySupreme Court of North Carolina · 1953
- State v. WiggsSupreme Court of North Carolina · 1967
- State v. IngramSupreme Court of North Carolina · 1967
- State v. JenkinsSupreme Court of North Carolina · 1953
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