State v. . Hawkins
Supreme Court of North Carolina
Appeal from Lane, J., at the March Term, 1911, of BmtKE. The defendant was tried and convicted at March Term, 1911, of the Superior Court of Burke County, under section 3833, Revisal of 1905, upon the following bill of indictment: “The jurors for the State, upon their oaths, do present that Bob Hawkins, late of the county of Burke, on the 31st day of October, in the year of our Lord one thousand nine hundred and ten, with force and arms, at and in the county aforesaid,…
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Appeal from Lane, J., at the March Term, 1911, of BmtKE. The defendant was tried and convicted at March Term, 1911, of the Superior Court of Burke County, under section 3833, Revisal of 1905, upon the following bill of indictment: “The jurors for the State, upon their oaths, do present that Bob Hawkins, late of the county of Burke, on the 31st day of October, in the year of our Lord one thousand nine hundred and ten, with force and arms, at and in the county aforesaid, unlawfully, willfully, and feloniously break and enter the town hall in the town of Morganton, the property of said town of…
1Opinion of the Court
AlleN, J.,
after stating the case. It is apparent that the failure to use the word “did” in the indictment is a clerical or grammatical error, which is cured by our statute (Revisal, 3254). The meaning of the bill is clear and the defendant could not have been misled, nor could be have failed to understand tbe exact nature of tbe offense charged.
In Joyce on Indictments, sec. 201, it is said: “Though an indictment may be couched in ungrammatical language, tbis will not, of itself, render tbe indictment insufficient, provided tbe intention and meaning of tbe pleader is clearly apparent.” And in…
2Cases cited3 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- State v. . McBrydeSupreme Court of North Carolina · 1887
- State v. . BaxterSupreme Court of North Carolina · 1880
3Cited by12 opinions
- Morris v. Scenera Research, LLCSupreme Court of North Carolina · 2016
- State v. GastonSupreme Court of North Carolina · 1952
- State v. KincaidSupreme Court of North Carolina · 1922
- State v. . KincaidSupreme Court of North Carolina · 1922
- Edwards v. StateIndiana Supreme Court · 1942
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