State v. Leeper
Supreme Court of North Carolina
CRIMINAL aotioN, beard by Moore, J., upon a motion to quash the bill of indictment, at March Term, 1908, of the Superior Court of Mecklenburg County, the motion having been continued thereto, by consent, from Spring Term, 1908, of the Superior Court of Gaston County.
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CRIMINAL aotioN, beard by Moore, J., upon a motion to quash the bill of indictment, at March Term, 1908, of the Superior Court of Mecklenburg County, the motion having been continued thereto, by consent, from Spring Term, 1908, of the Superior Court of Gaston County. The defendants, who are County Commissioners of Gaston County, were indicted in the following bill: “The jurors for the State, upon their oaths, present: That John E. Leeper, J. W. Kendrick, O. G. Ealls, A. R. Anders, J. 0. Puett and R. K. Davenport, Commissioners of Gaston County, N. 0., were duly elected Commissioners of Gaston…
1Opinion of the CourtClark, C. J.
This is an indictment against the county commissioners for neglect of duty. Revisal, sec. 3592, provides that, if any officer “shall willfully omit, neglect or refuse to discharge any of the'duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a misdemeanor.” And Revisal, sec. 3590, provides: “If any county commissioner shall neglect to perform any duty required of him by law as a member of tlie board, he shall be guilty of a misdemeanor,” and also liable to a penalty. Revisal, sec. 1318, under the heading “Powers and Duties”…
2Cases cited11 opinions
- State v. . HarrisonSupreme Court of North Carolina · 1907
- State v. GeorgeSupreme Court of North Carolina · 1885
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . MosesSupreme Court of North Carolina · 1830
- State v. . AllenSupreme Court of North Carolina · 1890
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- State v. . TarltonSupreme Court of North Carolina · 1935
- Ragan v. County of AlamanceCourt of Appeals of North Carolina · 1990
- State v. . GeorgeSupreme Court of North Carolina · 1885
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