State v. . Parker
Supreme Court of North Carolina
Indictment for a Misdemeanor under Bafc. Rev., ch. 32, § 95, tried at Spring Term, 1879, of Edgecombe Superior Court, before Eure, J. The bill charged that defendant with force and arms did unlawfully injure and abuse a certain hog the property of the prosecutor, said hog being at the time in a certain enclosure not surrounded by a lawful fence, contrary, &c.
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Indictment for a Misdemeanor under Bafc. Rev., ch. 32, § 95, tried at Spring Term, 1879, of Edgecombe Superior Court, before Eure, J. The bill charged that defendant with force and arms did unlawfully injure and abuse a certain hog the property of the prosecutor, said hog being at the time in a certain enclosure not surrounded by a lawful fence, contrary, &c. After a verdict of guilty, the defendant’s counsel moved in arrest of judgment because the word “wilfully” or some other of similar import was omitted in the indictment. The motion was allowed, and Collins, solicitor for the state, ap~…
1Opinion of the CourtDillard, J.
This prosecution is founded on chapter 82, §. 95 of Battle’s Revisal for abusing a hog, the property of another, in an enclosure not surrounded by a lawful fence, and in the bill of indictment the charge is that the abuse was done unlawfully, omitting “ wilfully.”
On conviction of the defendant, His Honor arrested the judgment on the ground that the word “wilfully” should have been used as necessary to a legally sufficient description of the statutory offence.
In the cases of State v. Staton, 66 N. C., 640; State v. Allen, 69 N. C., 23; State v. Painter, 70 N C., 70, and State v. Hill, 79 N.…
2Cases cited4 opinions
- State v. . HillSupreme Court of North Carolina · 1878
- State v. . SimpsonSupreme Court of North Carolina · 1875
- State v. . AllenSupreme Court of North Carolina · 1873
- State v. . Benjamin StatonSupreme Court of North Carolina · 1872
3Cited by7 opinions
- State v. Powell.Supreme Court of North Carolina · 1906
- State v. . AllisonSupreme Court of North Carolina · 1884
- State v. . HoweSupreme Court of North Carolina · 1888
- State v. . ErwinSupreme Court of North Carolina · 1884
- State v. . WhitakerSupreme Court of North Carolina · 1881
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