State v. . Tweedy
Supreme Court of North Carolina
Indictment for killing live stock, tried before Bynum, J.r and a jury, at March Term, 1894, of Martin Superior Court. A special verdict was rendered, setting forth, in substance, that Jamesville, Martin County, is an incorporated town, and that an ordinance had been adopted and was in force at the time of the killing of the hog hereinafter mentioned, as follows : “ Hogs shall not run at large within the town limits.
Read the full summary
Indictment for killing live stock, tried before Bynum, J.r and a jury, at March Term, 1894, of Martin Superior Court. A special verdict was rendered, setting forth, in substance, that Jamesville, Martin County, is an incorporated town, and that an ordinance had been adopted and was in force at the time of the killing of the hog hereinafter mentioned, as follows : “ Hogs shall not run at large within the town limits. Any hog or hogs found running at large on the streets of the town shall, after three days’ notice to the owner of such hog or hogs, be taken up by the town constable, and the…
1Opinion of the Court
Clark, J.:
It was competent for the town to enact the ordinance that no hogs should run at large within the town limits, and to prescribe a penalty for violation of such ordinance, and it would make no difference if the owner of the hog should live outside of such limits. Rose v. Hardie, 98 N. C., 44; Hellen v. Noe, 25 N. C., 493; Whitfield v. Longest, 28 N. C., 268. Penal statutes must be strictly construed. The Code, sec. 1002, applies only to the injury or killing of live stock “ lawfully running at large.” This hog was unlawfully running at large contrary to a valid town ordinance,…
2Cases cited5 opinions
- State v. . MorganSupreme Court of North Carolina · 1887
- Hellen v. . NoeSupreme Court of North Carolina · 1843
- Rose v. . HardieSupreme Court of North Carolina · 1887
- Whitehurst v. . PettipherSupreme Court of North Carolina · 1890
- Whitfield v. . LongestSupreme Court of North Carolina · 1846
3Cited by9 opinions
- Broadfoot v. Town of FayettevilleSupreme Court of North Carolina · 1897
- State v. Harwell.Supreme Court of North Carolina · 1901
- State v. FowlerCourt of Appeals of North Carolina · 1974
- Jones v. Duncan.Supreme Court of North Carolina · 1900
- Archer v. . JoynerSupreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.