State v. Green
Supreme Court of North Carolina
Appeal from Goolee, J., January Term, 1909, of FeaNKLIN. Criminal prosecution for failure to work tbe public roads, beard on appeal from a justice’s court. Tbe facts are stated in tbe opinion.
1Opinion of the CourtHoke, J.
We have recently held, in State v. Lunsford, 150 N. C., 862, that in every criminal prosecution, whether by indictment or warrant, or warrant taken in connection with tbe affidavit, tbe charge must be so stated as to show that a crime has been committed, and same must be described with sufficient certainty to inform tbe defendant of tbe nature of tbe accusation against him, and to enable tbe court to proceed to judgment in case of conviction.
In tbe present case, and under several decisions of tbe Court, tbe warrant is fatally defective in failing to allege that defendant was assigned to work…
2Cases cited5 opinions
- State v. . BakerSupreme Court of North Carolina · 1890
- State v. . PoolSupreme Court of North Carolina · 1890
- State v. . LunsfordSupreme Court of North Carolina · 1909
- State v. . SmithSupreme Court of North Carolina · 1887
- State v. . NealSupreme Court of North Carolina · 1891
3Cited by4 opinions
- State v. NugentSupreme Court of North Carolina · 1955
- State v. IngramSupreme Court of North Carolina · 1967
- State v. JenkinsSupreme Court of North Carolina · 1953
- State v. GaySupreme Court of North Carolina · 1968