State v. . Biggers
Supreme Court of North Carolina
IkdictMent, tried at Fall Term, 1890, of Cabarrus Superior Court, before Bynum, J. The defendants were found guilty. There was a motion in arrest of judgment on the following grounds:. “ First. It appeared that the offence was committed in May, 1889, and the indictment was found at Fall Term, 1889, and the Superior Court did not have jurisdiction of the offence when the bill was found, or when judgment was to be pronounced. “ Secondly.
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IkdictMent, tried at Fall Term, 1890, of Cabarrus Superior Court, before Bynum, J. The defendants were found guilty. There was a motion in arrest of judgment on the following grounds:. “ First. It appeared that the offence was committed in May, 1889, and the indictment was found at Fall Term, 1889, and the Superior Court did not have jurisdiction of the offence when the bill was found, or when judgment was to be pronounced. “ Secondly. That there were Iwo statutes in reference to the same offence — section 1062 of The Code, and the Act of 1889, ch. 516 — -and the one of subsequent date…
1Opinion of the Court
Avery, J.:
The General Assembly of North Carolina passed an Act (Laws of 1889, ch. 516) which took effect June 1st, 1889, and contained the following provisions:
“SectioN 1. That any person who shall willfully destroy, cut or injure any part of a wire fence situated on the land of another shall be guilty of a misdemeanor, and upon conviction thereof shall be imprisoned not exceeding thirty days or fined not exceeding fifty dollars.
“Sec. 2. That a fence composed partly of ware and partly of wood shall, for the purpose of this act, be deemed and taken to be a wire fence.”
The Code, § 1062,…
2Cases cited5 opinions
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
- State v. . CusterSupreme Court of North Carolina · 1871
- State v. . WilliamsSupreme Court of North Carolina · 1887
- State v. . LongSupreme Court of North Carolina · 1878
- State v. . RobertsSupreme Court of North Carolina · 1888
3Cited by7 opinions
- State v. Perkins.Supreme Court of North Carolina · 1906
- State v. . CalcuttSupreme Court of North Carolina · 1941
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. CalcuttSupreme Court of North Carolina · 1941
- State v. Parker.Supreme Court of North Carolina · 1905
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