State v. . Dunn
Supreme Court of North Carolina
CriMinal action, tried at March Term, 1891, of Randolph Superior Court, Graves, J., presiding. The prosecution was instituted under ch. 51, Laws 1889. The bill of indictment is, in substance, as follows: “The jurors present, etc., that George Dunn and his wife, Mrs. George Dunn * * * with force and arms * * * in and upon one J. A. Brady, then being one of the constables in the township of Brower in the county of Randolph and in the due execution of his said office, did make…
Read the full summary
CriMinal action, tried at March Term, 1891, of Randolph Superior Court, Graves, J., presiding. The prosecution was instituted under ch. 51, Laws 1889. The bill of indictment is, in substance, as follows: “The jurors present, etc., that George Dunn and his wife, Mrs. George Dunn * * * with force and arms * * * in and upon one J. A. Brady, then being one of the constables in the township of Brower in the county of Randolph and in the due execution of his said office, did make an assault; and him, the said J. A. Brady so being in the due execution of his said office, then and there wilfully and…
1Opinion of the Court
Clark, J.:
There was error in granting the motion in arrest of judgment. It is not necessary, either under our statute (Acts, 1889, ch. 51) nor at common law, that the indictment for resisting an officer should “set out the warrant so as to show the title of the cause and name of the party named therein under which the officer attempted to make the arrest,” when he #as resisted, obstructed, etc., by the defendant. 1 Wharton, C. L (9th Ed.), 650; Bowers v. People, 17 Ill., 373; McQuaid v. People, 3 Gilm., 76. Indeed, the indictment in this case seems to be a substantial copy of the form in 1…
2Cases cited5 opinions
- State v. . BradySupreme Court of North Carolina · 1890
- State v. . EvansSupreme Court of North Carolina · 1845
- State v. . TaylorSupreme Court of North Carolina · 1880
- State v. . GoldstonSupreme Court of North Carolina · 1889
- Bowers v. PeopleIllinois Supreme Court · 1856
3Cited by4 opinions
- State v. . EstesSupreme Court of North Carolina · 1923
- Johnson v. StateSupreme Court of Florida · 1906
- State v. . PickettSupreme Court of North Carolina · 1896
- Atlantic Coast Line R. v. United StatesCourt of Appeals for the Fourth Circuit · 1909