State v. Western North Carolina Railroad
Supreme Court of North Carolina
INDICTMENT for obstructing a public highway, tried at Pall Terra, 1883, of Madison Superior Court, before Gudger, J. The offence charged is that the defendant company, in constructing its line of road, used the public highway from the Tennessee line to Warm Springs, in Madison county, and thereby obstructed the same, so that the citizens of the state cannot pass along or over it with their vehicles, &c., and that the defendant did not construct another road as good and…
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INDICTMENT for obstructing a public highway, tried at Pall Terra, 1883, of Madison Superior Court, before Gudger, J. The offence charged is that the defendant company, in constructing its line of road, used the public highway from the Tennessee line to Warm Springs, in Madison county, and thereby obstructed the same, so that the citizens of the state cannot pass along or over it with their vehicles, &c., and that the defendant did not construct another road as good and convenient,
1Opinion of the CourtSmith, C. J.
A copy of the bill of indictment having been delivered by the sheriff to a local agent of the defendant company, without process of any kind in his hands, and the company failing to appear and answer the charge at the next term of the court, the solicitor moved that a plea of “ not guilty ” be entered and the accused put on trial. The motion was refused, and the solicitor, on behalf of the state, was allowed to appeal from the ruling to this court.
It has been too often declared to need reiteration that no appeal lies from any ruling of the court in the conduct of a criminal prosecution until…
2Cases cited4 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . PollardSupreme Court of North Carolina · 1880
- State v. . HinsonSupreme Court of North Carolina · 1880
3Cited by11 opinions
- Rosenthal v. Frankfort Distillers Corp. Rosenthal v. Glazer's Wholesale Drug Co., IncCourt of Appeals for the Fifth Circuit · 1951
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1910
- Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
- Commonwealth v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1895
- State v. . R. R.Supreme Court of North Carolina · 1910
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