Legal Opinion

State v. . Drake

Supreme Court of North Carolina

Decided June 5, 1870PublishedCited by 7 opinions

INDICTMENT, for hunting with a gun upon Sunday, tried before Watts, J., at Spring Term 1870, of Nash Court. The indictment charged the offence to haye been committed il on the 1st day of October 1868,” &c., “ on the Sabbath ■day,” &c., &c, A special verdict having been found in accordance.with the indictment, his Honor gave judgment for the defendant, .and the Solicitor for the State appealed.

1Opinion of the CourtSettle, J.

This indictment is founded upon the act of 1868-’9, ch. 18, which enacts “ that if any person or persons whosoever shall be known to hunt in this State on the Sabbath with a dog or dogs, or shall be found off of their premises, on the Sabbath, having with him or them a shot gun, rifle or pistol, he or they shall be subject to indictment, and upon conviction shall pay a flue not exceeding fifty dollars at the discretion of the Court,’ ’&c.

The first objection is to the jurisdiction of the Superior Court: the defendant contending that, as the punishment does not exceed fifty dollars, the offence…

2Cited by7 opinions

  1. Whitman v. StateNebraska Supreme Court · 1885
  2. State v. . WynneSupreme Court of North Carolina · 1895
  3. State v. . AndersonSupreme Court of North Carolina · 1879
  4. Hoover v. StateCourt of Appeals of Maryland · 1881
  5. Roy v. StateIndiana Supreme Court · 1883

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