Legal Opinion

State v. Yoder.

Supreme Court of North Carolina

Decided June 10, 1903Published

INDICTMENT against Charles Yoder, beard by Judge B. F. Long and a jury, at February Term, 1903, of the Superior Court of Catawba County.

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INDICTMENT against Charles Yoder, beard by Judge B. F. Long and a jury, at February Term, 1903, of the Superior Court of Catawba County. The defendant was warranted before a justice of the peace on the following complaint: “B. B. McLurd being duly sworn complains and says that be was duly appointed overseer by the Board of Commissioners of Catawba County, State of North Carolina, to open a public road in said County, Jacobs Fork Township, leading from Plateau over the lands of Charles Bronce and others to a point on the King’s Mountain road near the Lincoln County line; that Charles Yoder has…

1Opinion of the CourtClark, C. J.

The motion to quash was properly denied. The affidavit contains every allegation necessary in a proceeding to enforce a penalty for failure to work the roads. It describes the road, names the county wherein it lies, alleges that the person summoning tire defendant was overseer of that particular road, that .the defendant was a citizen of that county, liable to work on said road and duly assigned thereto, *1113and that be had been duly summoned, giving time and place, that he wilfully and unlawfully failed to appear and refused to work, and also negatives the payment of one dollar. Technical and…

2Cases cited10 opinions

  1. State v. . DavisSupreme Court of North Carolina · 1892
  2. State v. . SykesSupreme Court of North Carolina · 1889
  3. State v. . PoolSupreme Court of North Carolina · 1890
  4. State v. . SmithSupreme Court of North Carolina · 1888
  5. State v. . SmithSupreme Court of North Carolina · 1887

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