State v. Martin.
Supreme Court of North Carolina
INDICTMENT against Eeed Martin, beard by Judge. B. B. Peebles and a jury, at tbe February Term, 1906, of tbe Superior Court of Foesyth. Tbe defendant, Eeed Martin, was indicted with Henry Eevels for wilfully and wantonly injuring an electric street car by breaking its windows with a rock. Tbe grand jury, as appears from tbe endorsements on tbe indictment, returned “not a true bill” as to Henry Eevels and a “true bill” as to Eeed Martin. Botb were put on trial.
Read the full summary
INDICTMENT against Eeed Martin, beard by Judge. B. B. Peebles and a jury, at tbe February Term, 1906, of tbe Superior Court of Foesyth. Tbe defendant, Eeed Martin, was indicted with Henry Eevels for wilfully and wantonly injuring an electric street car by breaking its windows with a rock. Tbe grand jury, as appears from tbe endorsements on tbe indictment, returned “not a true bill” as to Henry Eevels and a “true bill” as to Eeed Martin. Botb were put on trial. J. M. Cbitty, a witness for tbe State, testified: “I was motorman of tbe car the day tbe two defendants entered it at Fourth street.…
1Opinion of the Court
Walker, J.,
after stating the case: The learned counsel for the defendant in his argument before us relied chiefly upon the position that the street car was not personal property, and therefore that the alleged offense was not within the language or the meaning of section 3676 of the Revisal. Tie therefore contended that the judgment should be arrested. It does not appear from- the indictment where the car was when it was injured by the defendant, but the evidence shows that it was then being operated on the track of the Eries Power Company in the city of Winston. The defendant’s prayer for…
2Cases cited18 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- State v. . HillSupreme Court of North Carolina · 1878
- Western North Carolina Railroad v. DealSupreme Court of North Carolina · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. HicksSupreme Court of North Carolina · 1951
- State v. Bohanon.Supreme Court of North Carolina · 1906
- State v. . MalpassSupreme Court of North Carolina · 1925
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- State v. . FalknerSupreme Court of North Carolina · 1921
13 more not listed; retrieve them via the Exa API.