State v. . Spray
Supreme Court of North Carolina
The defendants were tried and convicted before a Justice of the Peace .on a warrant issued for a violation of section 2592 (interrupting and disturbing a public school), and on the trial on appeal, before Graves, J., at Spring Term, 1893, of Swain Superior Court, the jury rendered a special verdict as foll.ows: “The Big Cove, Indian School-house was built, as to the walls and roof thereof, by the Cherokee Indians, and the building thus made was paid for out of the common…
Read the full summary
The defendants were tried and convicted before a Justice of the Peace .on a warrant issued for a violation of section 2592 (interrupting and disturbing a public school), and on the trial on appeal, before Graves, J., at Spring Term, 1893, of Swain Superior Court, the jury rendered a special verdict as foll.ows: “The Big Cove, Indian School-house was built, as to the walls and roof thereof, by the Cherokee Indians, and the building thus made was paid for out of the common school fund; the building was finished and furnished under the direction of the Society of Friends, and paid for partly out…
1Opinion of the Court
Bujxwell, J.:
We concur with his Honor in the opinion that the facts found by the special verdict do not constitute a violation of section 2592 of The Code, which makes it a misdemeanor to wilfully' interrupt or disturb any public school. The act of the defendant may have prevented the coming together of the school, meaning thereby an assemblage of pupils and teachers, but it cannot be said that it interrupted or disturbed such an assemblage. The statute was contrived to put the schools of the State under the protection awarded by law to religious assemblages, and the principles that govern…
2Cases cited1 opinion
- State v. . JacobsSupreme Court of North Carolina · 1889
3Cited by4 opinions
- State v. EllisSupreme Court of North Carolina · 1964
- State v. RobinsonSupreme Court of North Carolina · 1895
- State v. . RobinsonSupreme Court of North Carolina · 1895
- Commonwealth v. Millhouse, Pennsylvania Court of Common Pleas, Philadelphia County1964