State v. . Dula
Supreme Court of North Carolina
This was an indictment for an ’ assault with deadly weapons, and resisting an officer, tried before Clark, /., at March Term, 1888, of Wilkes Superior Court. Verdict of guilty. Defendants appealed. It was in evidence that H. Kendall was a Justice of the Peace for the County of Wilkes, and, as such, on the 1 Oth day of March, 1886, upon the affidavit of one W. L. Dula, issued a warrant against the defendant F. L. Dula, for trespass upon the lands of said W. L. Dula.
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This was an indictment for an ’ assault with deadly weapons, and resisting an officer, tried before Clark, /., at March Term, 1888, of Wilkes Superior Court. Verdict of guilty. Defendants appealed. It was in evidence that H. Kendall was a Justice of the Peace for the County of Wilkes, and, as such, on the 1 Oth day of March, 1886, upon the affidavit of one W. L. Dula, issued a warrant against the defendant F. L. Dula, for trespass upon the lands of said W. L. Dula. The warrant does not state that the trespass was “ after being forbidden ” or “without license therefor.” Written on the warrant…
1Opinion of the Court
Davis, J.,
(after stating the facts). The original warrant, issued by the Justice of the Peace, does not state that the-trespass on the prosecutor’s land was after being forbidden or without license, and was very irregular, but no exception was taken on this account, and if it had been, the Magistrate-could have amended it, and, as he had jurisdiction of the subject-matter tried before him, his judgment was not void. In State v. Curtis, 1 Haywood, 471, (Battle’s Edition, 543,) it is-said: “ If a Justice of the Peace issue a warrant for a matter within his jurisdiction, although he may have…
2Cases cited2 opinions
- Braddy v. . HodgesSupreme Court of North Carolina · 1888
- State v. . LearySupreme Court of North Carolina · 1883
3Cited by8 opinions
- Alexander v. LindseySupreme Court of North Carolina · 1949
- People v. De MeauxMichigan Supreme Court · 1916
- State v. . WynneSupreme Court of North Carolina · 1896
- State v. WynneSupreme Court of North Carolina · 1896
- State v. . ArmisteadSupreme Court of North Carolina · 1890
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