State v. . Berry
Supreme Court of North Carolina
Appeal by State from Qline, J., at January Term, 1914, of Haywood. Indictment against defendant sheriff of Burke County for failure to return certain executions, heard upon motion to quash. The court quashed the bill, and the State appealed.
1Opinion of the CourtBkowN, J.
The defendant, as sheriff, was prosecuted on an indictment alleging that he “willfully and unlawfully did fail to return a certain process to him directed from the Superior Court of Haywood County,' towit, one execution issued on a judgment in favor of American Lumber Company as plaintiff and Abernethy & Lyerly as defendants,” etc.
A motion by defendant was made to quash the indictment, on the ground that it is not an indictable offense under the statutes of North Carolina for a sheriff to fail to return the process issued to him in a civil action.
From a judgment sustaining the motion to…
2Cases cited3 opinions
- State v. . HatchSupreme Court of North Carolina · 1895
- Piedmont Manufacturing Co. v. BuxtonSupreme Court of North Carolina · 1890
- Harrell v. . WarrenSupreme Court of North Carolina · 1888
3Cited by4 opinions
- State v. SmithSupreme Court of North Carolina · 1976
- State v. . AndersonSupreme Court of North Carolina · 1929
- Nance v. Merchants Fertilizer & Phosphate Co.Supreme Court of North Carolina · 1931
- Rollins v. GibsonSupreme Court of North Carolina · 1977