State v. . Gillikin
Supreme Court of North Carolina
The defendant was convicted in Magistrate’s Court for failure to work on public road, the warrant charging that he willfully and unlawfully failed and refused “to attend ancl work on the roacl leading from Adams’ creek to South river, lie having been lawfully summoned to work thereon, and he, the said John E. Gillikiu, being-at the time of such failure and refusal one of the hands assigned to work on said road.”
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The defendant was convicted in Magistrate’s Court for failure to work on public road, the warrant charging that he willfully and unlawfully failed and refused “to attend ancl work on the roacl leading from Adams’ creek to South river, lie having been lawfully summoned to work thereon, and he, the said John E. Gillikiu, being-at the time of such failure and refusal one of the hands assigned to work on said road.” Defendant appealed to the Superior Court, and when the case was called for trial the Solicitor was, upon motion, allowed to answer the warrant by alleging that the defendant had been…
1Opinion of the Court
Clark, J.:
The special verdict finds that all the requirements existed which rendered the defendant liable to road duty, and the Court had power to amend the warrant as it did. State v. Poole, 106 N. C., 698. The defendant failed to render such duty when duly summoned, and was properly adjudged to be guilty. The fact that defendant did not use and had no occasion to use the road to which he was assigned is no defence. His assignment to any particular road rested with the Board of Supervisors of the township. The Code, §2016. There is nothing tending to show that such Board acted fraudulently,…
2Cases cited3 opinions
- State v. . PoolSupreme Court of North Carolina · 1890
- State v. . EwingSupreme Court of North Carolina · 1891
- State v. . MooreSupreme Court of North Carolina · 1847
3Cited by7 opinions
- State v. EllisSupreme Court of North Carolina · 1964
- State v. . MillsSupreme Court of North Carolina · 1921
- State v. RobinsonSupreme Court of North Carolina · 1895
- State v. . RobinsonSupreme Court of North Carolina · 1895
- State v. TelfairSupreme Court of North Carolina · 1902
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