State v. . Zachary
Supreme Court of North Carolina
The defendant was tried upon the following indictment- <( The jurors for the State upon their oath present, that on the 4th day of October, 1845, John Zachary, late of the county of Macon, in the State of North Carolina, was one of the Justices of the Peace, in and for said county, and has continued to be such from the said 4th day of October, in the year aforesaid, up to the taking of this inquisition ; and the jurors aforesaid, upon their oath aforesaid, do further…
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The defendant was tried upon the following indictment- <( The jurors for the State upon their oath present, that on the 4th day of October, 1845, John Zachary, late of the county of Macon, in the State of North Carolina, was one of the Justices of the Peace, in and for said county, and has continued to be such from the said 4th day of October, in the year aforesaid, up to the taking of this inquisition ; and the jurors aforesaid, upon their oath aforesaid, do further present., that the said John Zachary being a Justice of the Peace as aforesaid, on the said 4th day of October, 1845, with…
1Opinion of the CourtNash, C. J.
Every indictment must contain such a statement of facts as to enable the Court, before whom it is tried, to see that the law has been violated ; and when an evil intent, accompanying an act, is necessary to constitute a crime, the intent must be alleged in the bill of indictment and proved. 6(h East. 474. The defendant in this case is a Justice of the Peace, an’d he is prosecuted for corruption in the discharge of a judicial duty. The indictment charges that the defendant “ unlawfully, wilfully, “ deceitfully and corruptly*, did give judgment as a Justice of the “ Peace as aforesaid, in favor…
2Cited by1 opinion
- Cunningham v. . DillardSupreme Court of North Carolina · 1838