State v. . Sharp
Supreme Court of North Carolina
TNDictmuNT for failure to work the public road, tried on appeal from Justice’s Court, before Brown, J., at September Term, 1899, of Durham Superior Court. The defendant was convicted. Motion for new trial. Motion overruled. Defendant excepted. Motion in • arrest of judgment disallowed. Defendant excepted. Judgment. Appeal by defendant. Case on Appeal.
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TNDictmuNT for failure to work the public road, tried on appeal from Justice’s Court, before Brown, J., at September Term, 1899, of Durham Superior Court. The defendant was convicted. Motion for new trial. Motion overruled. Defendant excepted. Motion in • arrest of judgment disallowed. Defendant excepted. Judgment. Appeal by defendant. Case on Appeal. This was a criminal action for failing to work road, tried before a Justice of the Peace of Durham County, and after-wards on appeal in the Superior Court. It was admitted that A. TT. Stokes was duly elected Superintendent of Roads for Durham…
1Opinion of the Court
OlaeK, ,T.
The defendant is indicted for a failure to work the public roads of Durham County, as required by sees. 4 and 24, chap. 581, Laws 1899.
The first exception was, that the Court permitted the road overseer to testify that he left a written notice at the defendant’s residence, specifying time -and place for working the roads, without producing the same. This was not error,, because the statute requires the notice (not a copy of it) to be left with the defendant. As the overseer could not produce it, he could, therefore, state what it was. It is not the return of process to a court.…
2Cases cited20 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Herring v. . DixonSupreme Court of North Carolina · 1898
- State v. . JoynerSupreme Court of North Carolina · 1879
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3Cited by27 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- State v. . DixonSupreme Court of North Carolina · 1939
- State v. DixonSupreme Court of North Carolina · 1939
- State v. HigginsSupreme Court of North Carolina · 1966
- State v. . KellySupreme Court of North Carolina · 1923
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