State v. . Boyd
Supreme Court of North Carolina
INDICTMENT for a misdemeanor, tried at Fall Term, 1881, of Vance Superior Court, before Gudger, J. The defendant is indicted for violating the act of 1877, ch. 4 — if any person shall cast, or throw, or shoot any stone, rock, bullet, shot, pellet, or other missile, at, against, or into any railroad car, locomotive or train, while the said car or locomotive shall be in progress from one station to another, or while the said car, locomotive or train shall be stopped for any…
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INDICTMENT for a misdemeanor, tried at Fall Term, 1881, of Vance Superior Court, before Gudger, J. The defendant is indicted for violating the act of 1877, ch. 4 — if any person shall cast, or throw, or shoot any stone, rock, bullet, shot, pellet, or other missile, at, against, or into any railroad car, locomotive or train, while the said car or locomotive shall be in progress from one station to another, or while the said car, locomotive or train shall be stopped for any purpose, with intent to injure said car or locomotive, or any person therein or thereon, the person so offending shall be…
1Opinion of the CourtSmith, C. J.
We think the objection well taken to the sufficiency of the bill, and that it fails to charge the criminal act intended by the statute which creates the offence. The manifest purpose of the enactment, as must be inferred from its structure, is to protect railroad trains, and the locomotives and cars which make them up, from wanton aggression and violence, and to secure the safety of persons upon them, while the trains are making their passage from one point to another upon the road, and are in actual use by the company. This is apparent from the qualifying words, “ while in progress from one…
2Cases cited1 opinion
- State v. . HinsonSupreme Court of North Carolina · 1880