State v. . Eastman
Supreme Court of North Carolina
Criminal action, tried at Spring Term, 1891, of Burice Superior Court, Hoke, J., presiding. The indictment charged that the defendant at, etc., “ unlawfully and wilfully did obstruct a certain public square and common public highway there siluate next and adjoining the court-house in the said county-seat of Morgauton, and leading to and away from, as well as around one side of the said court-house, from Sterling street in said town on the south-west side of said court-house…
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Criminal action, tried at Spring Term, 1891, of Burice Superior Court, Hoke, J., presiding. The indictment charged that the defendant at, etc., “ unlawfully and wilfully did obstruct a certain public square and common public highway there siluate next and adjoining the court-house in the said county-seat of Morgauton, and leading to and away from, as well as around one side of the said court-house, from Sterling street in said town on the south-west side of said court-house into Green street on the south-east side of said court-house, by then and there digging holes in, and' erecting a line…
1Opinion of the Court
MerrimoN,- C. J.:
It would be better if the indictment were fuller and more precise in describing the “ square and common highway” as part of the public square of the county of Burke on which is situate the court-house of that county. Still it appears sufficiently to be seen and understood that the highway charged to have been obstructed by the defendant was part and parcel of that square.
The objection that the indictment is bad because it charges two distinct offences is unfounded. It charges, and its clear purpose is to charge that the defendant did obstruct “a certain public square and…
2Cases cited2 opinions
- State v. . SmithSupreme Court of North Carolina · 1888
- State v. LongSupreme Court of North Carolina · 1886
3Cited by6 opinions
- State v. . GodwinSupreme Court of North Carolina · 1907
- Haggard v. MitchellSupreme Court of North Carolina · 1920
- City of Madison v. McManusWisconsin Supreme Court · 1969
- Wright v. Town of Lake WaccamawSupreme Court of North Carolina · 1931
- Haggard v. . MitchellSupreme Court of North Carolina · 1920
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