State v. . Bryson
Supreme Court of North Carolina
CRIMINAL Agtion tried on appeal at November Term, 1880, of New Hanover Criminal Court, before Meares, J. This prosecution commenced in the court of a justice of the peace, where the defendant was tried for a misdemeanor in violating the second section of chapter 219 of the laws of 1879, which section is as follows: “Any person or persons who shall secrete or harbor any such seaman who has deserted from any domestic or foreign vessel in the localities above named knowing that…
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CRIMINAL Agtion tried on appeal at November Term, 1880, of New Hanover Criminal Court, before Meares, J. This prosecution commenced in the court of a justice of the peace, where the defendant was tried for a misdemeanor in violating the second section of chapter 219 of the laws of 1879, which section is as follows: “Any person or persons who shall secrete or harbor any such seaman who has deserted from any domestic or foreign vessel in the localities above named knowing that such seaman or seamen have deserted,” &c. When the case was called for trial in the criminal court, it was discovered…
1Opinion of the Court
Ashe, J,
The only question presented by the record for our determination, is, whether the warrant is'defective because the word knowing is omitted in the affidavit upon which it is based,
A magistrate, without information upon oath, may issue a warrant super visum. But except in that case, it is his duty before issuing the warrant to require evidence up.on oath of the guilt, or at least of circumstances affording a reasonable suspicion of the accused. Before the passage of the act of 1868-69, although it was necessary that every warrant, except for offences committed in the presence of the…
2Cited by5 opinions
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