Hendersonville v. . McMinn
Supreme Court of North Carolina
Proceedings in the nature of a Criminal Action, tried at Spring Term, 1879, of Henderson Superior Court, before Guclger, J. This was a warrant issued by the chief magistrate of the town of Hendersonville against the defendant, and is as follows : “ State oe North Carolina, \ Henderson County.”
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Proceedings in the nature of a Criminal Action, tried at Spring Term, 1879, of Henderson Superior Court, before Guclger, J. This was a warrant issued by the chief magistrate of the town of Hendersonville against the defendant, and is as follows : “ State oe North Carolina, \ Henderson County.” J “ To the ioivn constable to execute and return forthwith: You are hereby commanded to take the body of G. W. McMinn and cause him to appear before me to answer the complaint of the town commissioners for a violation of one of the ordinances of the town of Hendersonville, prohibiting the sale of…
1Opinion of the CourtAshe, J.
The process under which the defendant was arrested is so defective in form and substance as not to warrant tbe judgment pronounced upon him in the court below. It should have set out the'ordinance, but instead of doing so it charges the defendant with the violation of one of the ordinances of the town of Hendersonville — prohibiting the sale of intoxicating liquors, implying that there was more than one ordinance of the town on that subject. Which did he violate ? If it was intended to be a criminal prosecution, the warrant is the indictment; and every indictment must state the facts and…
2Cases cited3 opinions
- Town of Edenton v. WoolSupreme Court of North Carolina · 1871
- City of Wilmington v. . DavisSupreme Court of North Carolina · 1869
- City of Greensboro v. ShieldsSupreme Court of North Carolina · 1878
3Cited by4 opinions
- State v. WiggsSupreme Court of North Carolina · 1967
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- State v. . MerrittSupreme Court of North Carolina · 1880
- State v. PalletSupreme Court of North Carolina · 1973