State v. . Long
Supreme Court of North Carolina
Indictment r- Overseer of Road — Ineurribent of OJfiee,. INDICTMENT against the defendant as Overseer of a Public Road, tried at Fall Term, 1876, of Alexander Superior Court, before Buxton, J. The bill charging that the defendant had neglected to> keep the road over which he was overseer in good repair (Bat.
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Indictment r- Overseer of Road — Ineurribent of OJfiee,. INDICTMENT against the defendant as Overseer of a Public Road, tried at Fall Term, 1876, of Alexander Superior Court, before Buxton, J. The bill charging that the defendant had neglected to> keep the road over which he was overseer in good repair (Bat. Rev. eh. 82, § 41) was found at Spring Term, 1876, and it was in evidence that defendant for three or four years-previous to January, 1876, had acted as overseer of this road, occasionally summoning hands to work on it, and that.since that date some one else had acted as overseer. The…
1Opinion of the CourtEaircloth, J.
The defendant was indicted as an overseer of a public road for failing to keep it in repair and was. convicted. The ground of appeal is that his appointment was proved by parol and not by the Court record ' The-proof was that he had professed to be overseer for three or-four years, had summoned the road hands and worked the road repeatedly, in other words had acted as overseer in all respects except that he failed to keep it in good order at all. times.”
It would be better to produce the record in such cases, but we think the defendant has concluded himself by his-own acts.
lie took the benefit…
2Cases cited1 opinion
- State v. . CanslerSupreme Court of North Carolina · 1876
3Cited by4 opinions
- State v. DuncanIndiana Supreme Court · 1899
- State Ex Rel. Midgett v. GraySupreme Court of North Carolina · 1912
- State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1923
- State v. . LongSupreme Court of North Carolina · 1879