State v. . Pritchard
Supreme Court of North Carolina
This was a CRIMINAL ACTION, tried at the Spring Term, 1890, of the Superior Court of Bertie County, before. Arm-field, J. The defendant pleaded not guilty to the indictment, which was as follows: “State of North CAROLINA, 1 Superior Court, Bertie County. / Fall Term, 1889. The jurors for the State, upon their oath, present— • That on the 28th day of October, A. D. 1889, one A. J. Pritchard, late of the county of Bertié, being then a Justice of the Peace in and for the…
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This was a CRIMINAL ACTION, tried at the Spring Term, 1890, of the Superior Court of Bertie County, before. Arm-field, J. The defendant pleaded not guilty to the indictment, which was as follows: “State of North CAROLINA, 1 Superior Court, Bertie County. / Fall Term, 1889. The jurors for the State, upon their oath, present— • That on the 28th day of October, A. D. 1889, one A. J. Pritchard, late of the county of Bertié, being then a Justice of the Peace in and for the aforesaid county, duly and legally appointed and authorized to discharge the duties of that office, did, on the said 28th day…
1Opinion of the CourtAvery, J.
after stating the case as above: The Judge who tried the case below evidently acted upon the idea that the indictment was sufficient as a charge of extortion. This offence is defined to be the unlawful taking by an officer (de facto or de jure), by color of his office, from any person, any money or thing of value that is not due, or more than is due, or before it is due. 1 Bish. Cr. Law?, §573; 4 Bl. Com., 141; People v. Whaley, 6 Cowen (N. Y.), 661; State v. McEntyre, 3 Ired., 171; State v. Cansler, 75 N. C., 442.
In order to prove this charge, it is necessary to show that the fees were…
2Cases cited3 opinions
- Runnells v. FletcherMassachusetts Supreme Judicial Court · 1819
- State v. . CanslerSupreme Court of North Carolina · 1876
- State v. . BisanerSupreme Court of North Carolina · 1887