State v. . Covington
Supreme Court of North Carolina
State Warrant for failure to work the public road, heard upon appeal from the Justice’s Court, by Robinson, J., at April Term, 1899, of the Superior Court of RichMond County.
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State Warrant for failure to work the public road, heard upon appeal from the Justice’s Court, by Robinson, J., at April Term, 1899, of the Superior Court of RichMond County. By consent, the jury returned the following special verdict: That on the 18th'of April, 1898, the defendant was notified to work the public road in the county of Richmond, leading from-to-. That said road had been established according to law, and had been worked as such, under the law, since the year 1867. That the defendant was on the aforesaid - notified to work the road on the 22nd day of April, 1898. That on the…
1Opinion of the Court
CuaRK, ,T.
This was an indictment for failing to work the public roads. The first exception is because the warrant does not charge that the defendant “unlawfully and willfully” failed to work the public roads. Those words are not in the statute, Code, sec. 2020, and as a general rule it is sufficient if the indictment follows the words of the statute. State v. George, 93 N. C., 567, and cases cited. The fact of failure to work the roads by one liable to such duty, after being notified, and without paying the $1 to procure exemption, constitutes the offense without allegation or proof of…
2Cases cited3 opinions
- State v. GeorgeSupreme Court of North Carolina · 1885
- State v. . HoweSupreme Court of North Carolina · 1888
- State v. . JohnstonSupreme Court of North Carolina · 1896
3Cited by6 opinions
- State v. Wheeler.Supreme Court of North Carolina · 1906
- Atlantic Coast Line R. v. United StatesCourt of Appeals for the Fourth Circuit · 1909
- State v. Holloman.Supreme Court of North Carolina · 1905
- State v. Yoder.Supreme Court of North Carolina · 1903
- Commissioners of Johnston County v. LacySupreme Court of North Carolina · 1917
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