State v. . Lucas
Supreme Court of North Carolina
'CRIMINAL ActioN for obstructing a road leading to a cliurcb. Conviction. Motion in arrest of judgment. Judgment alid appeal. STATEMENT OE THE CASE BY MR. JUSTICE CLARK.
Read the full summary
'CRIMINAL ActioN for obstructing a road leading to a cliurcb. Conviction. Motion in arrest of judgment. Judgment alid appeal. STATEMENT OE THE CASE BY MR. JUSTICE CLARK. Criminal action for obstructing a road tried before Robinson, J., and a jury at October Term, 1898, of Sambson Superior Court upon tbe following indictment: “Tbe jurors for tbe State upon tbeir oatbs present that J. H. Lucas late of tbe County of Sampson on tbe 20th day of May, 1898, witb force and arms at and in said County, a certain road leading to and from Betbel Cburcb in Little Oobarie Township, Sampson County, known as…
1Opinion of the CourtClamc, J.
The motion in arrest of judgment was properly overruled. The indictment follows the language of the statute (Code, Section 2065), which makes it a misdemeanor to “wilfully alter, change, or obstruct any highway, cart-way,mill-road or road leading from or to any church, or other place of public worship, whether the right of way thereto be secured in the manner herein provided for or by purchase, donation or otherwise.”
As to tlie exception to the charge, the law is clearly and succinctly stated thus by Reads, J., in Boyden v. Achenbach, 79 N. C., 539: “Where the public has used a way as a…
2Cases cited5 opinions
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- State v. . McDanielSupreme Court of North Carolina · 1860
- State v. . GrossSupreme Court of North Carolina · 1896
- State v. . JohnsonSupreme Court of North Carolina · 1850
3Cited by4 opinions
- West v. SlickSupreme Court of North Carolina · 1985
- Hemphill v. . Board of AldermenSupreme Court of North Carolina · 1937
- State v. . HaynieSupreme Court of North Carolina · 1915
- Summerville v. Duke Power Co.Court of Appeals for the Fourth Circuit · 1940