State v. . Benthall
Supreme Court of North Carolina
INDictment for a Misdemeanor, tried at Fall Term, 1879, of Hertford Superior Court, before Gudger, J. This was a motion to quash a bill of indictment.
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INDictment for a Misdemeanor, tried at Fall Term, 1879, of Hertford Superior Court, before Gudger, J. This was a motion to quash a bill of indictment. The bill was found at spring term, 1879, and is as follows : “The jurors for the state upon their oaths present, that John Ben-thall, Jr., late of the county of Hertford, and state of North Carolina, was on the first day of April, 1878, a resident of said county and the owner of property in St. John’s township and county aforesaid, subject to taxation, the said John Benthall, Jr., being then and there liable for the tax on said property, and…
1Opinion of the CourtAshe, J.
The defendant is indicted under section twenty of the act of 1876 — *77, ch. 155, in which it is declared that “ all persons who are liable for a poll tax and shall wilfully fail to give themselves in, and all persons who own property and wilfully fail to list it within the time allowed, before the list-taker and the county commissioners, shall be deemed guilty of a misdemeanor, and on conviction therefor shall be fined not more than fifty dollars, or imprisoned not more than thirty days.” And it is provided in section seven of the act of 1879, ch. 92, “ that justices of the peace shall have…
2Cases cited1 opinion
- Davis v. PackardSupreme Court of the United States · 1832
3Cited by5 opinions
- Henderson County v. . SmythSupreme Court of North Carolina · 1939
- Noville v. . DewSupreme Court of North Carolina · 1886
- State v. WilkesSupreme Court of North Carolina · 1951
- Rogers v. . JenkinsSupreme Court of North Carolina · 1887
- State v. . MillerSupreme Court of North Carolina · 1888