State v. . Keith
Supreme Court of North Carolina
INDICTMENT, commenced by a warraut returnable before the mayor of Raleigh, and carried by appeal to the Superior Court of Wake county, where it was tried before Clark, Judge, and a jury, at November Criminal Term, 1885. The defendant was arrested and held to answer criminally, under a warrant issued by the Mayor of the city of Raleigh, wherein it is alleged, that he did “unlawfully and wilfully assault, oppose, and resist, officer W. E. Hogue, a member of the police force of…
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INDICTMENT, commenced by a warraut returnable before the mayor of Raleigh, and carried by appeal to the Superior Court of Wake county, where it was tried before Clark, Judge, and a jury, at November Criminal Term, 1885. The defendant was arrested and held to answer criminally, under a warrant issued by the Mayor of the city of Raleigh, wherein it is alleged, that he did “unlawfully and wilfully assault, oppose, and resist, officer W. E. Hogue, a member of the police force of said city, while in the discharge of his duty, in violation of the Ordinance of the City of Raleigh, §9 chapter 11,…
1Opinion of the CourtMerriMON, J.
(after stating the facts). The defendant is charged with a violation of the ordinance referred to in the warrant, and not for an assault. So much of that ordinance as is material here, undertakes to make an assault upon a public officer of the city of Raleigh, while in the discharge of his official duty, an offence against the city, punishable by fine or imprisonment.
It is indictable under the general law of the State, to so assault such officer, and it is settled that a town ordinance, that undertakes to make that which constitutes a criminal offence under the general law of the State, an…
2Cases cited3 opinions
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
- State v. . LangstonSupreme Court of North Carolina · 1883
- State v. . BrittainSupreme Court of North Carolina · 1883
3Cited by9 opinions
- Judy v. LashleyWest Virginia Supreme Court · 1902
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
- Ex Parte SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- State v. . FreshwaterSupreme Court of North Carolina · 1922
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