State v. . Webber
Supreme Court of North Carolina
This was an indictment for violation of a city ordinance, tried on appeal from the Municipal Court of Asheville, in the Criminal Court of Buncombe County, before Moore, J. The defendant in the Court below excepted to the charge of the Judge that the Mayor and Board of Aldermen of the city of Asheville had power to pass the ordinances for a violation of which he was indicted.
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This was an indictment for violation of a city ordinance, tried on appeal from the Municipal Court of Asheville, in the Criminal Court of Buncombe County, before Moore, J. The defendant in the Court below excepted to the charge of the Judge that the Mayor and Board of Aldermen of the city of Asheville had power to pass the ordinances for a violation of which he was indicted. The charter of the city of Asheville (section 18, chapter 111, Private Laws of 1883) provided that “the Aldermen, when convened, shall have power to make, and provide for the execution thereof, such ordinances, by-laws,…
1Opinion of the CourtAveky, J.
after stating the case: In State v. Galley, 104 N. C., 858, it was held that, in order to prove the charge of keeping a bawdy house, or house of ill fame, it must be shown that it was a common resort of people of both sexes for the purpose of prostitution, and that it was not sufficient to prove acts of illicit intercourse on the part of the occupants without showing also that it was kept for the convenience of people w’io visited it to indulge in lewdness. The Aldermen were not authorized, by virtue of the power given them by the Legislature to “abate or prevent nuisances,” or to pass “such…
2Cases cited5 opinions
- Darst v. PeopleIllinois Supreme Court · 1869
- City of Mount Pleasant v. BreezeSupreme Court of Iowa · 1860
- State v. . HunterSupreme Court of North Carolina · 1890
- City of Chariton v. BarberSupreme Court of Iowa · 1880
- State v. . CalleySupreme Court of North Carolina · 1889
3Cited by31 opinions
- State v. . TenantSupreme Court of North Carolina · 1892
- Greene v. City of Winston-SalemSupreme Court of North Carolina · 1975
- City of Asheville v. HerbertSupreme Court of North Carolina · 1925
- State v. . GulledgeSupreme Court of North Carolina · 1935
- State v. RobbSupreme Judicial Court of Maine · 1905
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