State v. Leeper
Supreme Court of North Carolina
CRIMINAL aotioN, beard by Moore, J., upon a motion to quash the bill of indictment, at March Term, 1908, of the Superior Court of Mecklenburg County, the motion having been continued thereto, by consent, from Spring Term, 1908, of the Superior Court of Gaston County.
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CRIMINAL aotioN, beard by Moore, J., upon a motion to quash the bill of indictment, at March Term, 1908, of the Superior Court of Mecklenburg County, the motion having been continued thereto, by consent, from Spring Term, 1908, of the Superior Court of Gaston County. The defendants, who are County Commissioners of Gaston County, were indicted in the following bill: “The jurors for the State, upon their oaths, present: That John E. Leeper, J. W. Kendrick, O. G. Ealls, A. R. Anders, J. 0. Puett and R. K. Davenport, Commissioners of Gaston County, N. 0., were duly elected Commissioners of Gaston…
1DissentCoNNOK, J.
I make no apology, although I may be regarded as unduly sensitive about so trivial a matter as the form of an indictment, for expressing my dissent, with all possible respect, but with equally strong convictions, from the conclusion reached by the majority of the Court. It is true that the offense charged against these defendants is not a felony, but, under our statutes and the decisions of this Court, upon conviction, they may be fined for an amount, the limit to which has not yet been fixed by the General Assembly or this Court, and imprisoned, with all of its incidents, for at least two…
2Cases cited21 opinions
- United States v. CarllSupreme Court of the United States · 1882
- Evans v. United StatesSupreme Court of the United States · 1894
- United States v. SimmonsSupreme Court of the United States · 1878
- Batchelor v. United StatesSupreme Court of the United States · 1895
- State v. Van PeltSupreme Court of North Carolina · 1904
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