State v. . Debnam
Supreme Court of North Carolina
Crimi.nal action,, tried before Meares, Judge, at July Term, 1887, of the Criminal Court of New Hanover County. The defendant, Charles Debnam, was charged in a warrant, issued by the Mayor of the City of Wilmington, for a violation of Section 1 (one), Article 7th, of the ordinances of the said city.
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Crimi.nal action,, tried before Meares, Judge, at July Term, 1887, of the Criminal Court of New Hanover County. The defendant, Charles Debnam, was charged in a warrant, issued by the Mayor of the City of Wilmington, for a violation of Section 1 (one), Article 7th, of the ordinances of the said city. The said section of the said article reads as follows: “Every person guilty of quarrelling or fighting, or of loud and boisterous cursing and swearing, or of any other disorderly conduct of any kind whatsoever, in any street, alley, house oí elsewhere in the city, shall be fined twenty dollars for…
1Opinion of the CourtMerbjmoN, J.
The motions, first, that to quash the criminal warrant, and secondly, that in arrest of judgment, were properly disallowed. The city ordinance — certainly so much of it as the defendant is charged with having violated — is valid, and substantially like that of the City of Raleigh, upheld in State v. Cainan, 94 N. C., 880. Such acts and conduct of individuals forbidden by it do not, of themselves, constitute a nuisance, or other criminal offence, under the general criminal laws of the State, but are such as, with the view to the peace, good order and well-being of society, especially in dense…
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