Legal Opinion

State v. . Wilson

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 10 opinions

Indictment, tried before Gilmer, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Okange county. The defendant was indicted for a violation of the statute, (The Code, §1088), which provides as follows: “If any person shall, unlawfully and on purpose, remove from its place, any monument of marble, stone, brass, wood, or other material, erected for the purpose of designating the spot where any dead body is interred, or for the purpose of preserving and…

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Indictment, tried before Gilmer, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Okange county. The defendant was indicted for a violation of the statute, (The Code, §1088), which provides as follows: “If any person shall, unlawfully and on purpose, remove from its place, any monument of marble, stone, brass, wood, or other material, erected for the purpose of designating the spot where any dead body is interred, or for the purpose of preserving and perpetuating-the memory, name, fame, birth, age, or death, of any person, whether situated in or out of the common burying…

1Opinion of the CourtMekrimoN, J.

(after stating the facts). It is true, that the offence is charged in the indictment in very general terms. But it must be conceded, that the offence is plain and simple in its nature, and that the constituent facts are few, and unattended by the slightest complication.

The charge is made substantially, indeed, almost in the very words of the statute, creating and defining the offence, and completely describes it. The Court could see, and the defendant could see and understand, exactly what was charged against him, and learn what was necessary for his defence, if he had any. In indictments for…

2Cases cited3 opinions

  1. State v. . CredleSupreme Court of North Carolina · 1884
  2. Commonwealth v. McClellanMassachusetts Supreme Judicial Court · 1869
  3. State v. BrockerTexas Supreme Court · 1870

3Cited by10 opinions

  1. Campbell v. City of KansasSupreme Court of Missouri · 1890
  2. State v. . WatkinsSupreme Court of North Carolina · 1888
  3. Mills v. CAROLINA CEMETERY PARK CORPORATIONSupreme Court of North Carolina · 1955
  4. State v. . BryantSupreme Court of North Carolina · 1892
  5. Wehle v. United States Mutual Accident Ass'nThe Superior Court of New York City · 1895

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