Legal Opinion

State v. . Pickett

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 11 opinions

INDICTMENT for i esisting an officer, tried before Robinson, J., at tbe December Term, 1895, of the Superior Court of Bioiimond County. Before pleading, the defendant moved to quash the bill of indictment for the reason that it failed to allege the office W. L. Covington (the officer alleged to have been resisted) held.

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INDICTMENT for i esisting an officer, tried before Robinson, J., at tbe December Term, 1895, of the Superior Court of Bioiimond County. Before pleading, the defendant moved to quash the bill of indictment for the reason that it failed to allege the office W. L. Covington (the officer alleged to have been resisted) held. The indictment was as follows : “ The jurors for the State upon their oath present that William Pickett, late of the County of Eichmond, on the 2d day of March, in the year of our Lord one, thousand eight hundred and ninety-five, with force and arms, at and in the county…

1Opinion of the Court

Montgomery, J.:

The motion to quash the bill of .ndictment was based on its alleged failure to describe the office which Covington held at the time the offence was charged to have been committed. The language of the indictment is that Covington was “ a duly constituted officer of the police for the town of Rockingham,” and that the defendant unlawfully did resist, delay and obstruct him in discharging and attempting to discharge the duties of his office. The motion was properly overruled. The office is sufficiently designated when the officer is described as “ a duly constituted public officer…

2Cases cited2 opinions

  1. State v. . BradySupreme Court of North Carolina · 1890
  2. State v. . DunnSupreme Court of North Carolina · 1891

3Cited by11 opinions

  1. State v. . JohnsonSupreme Court of North Carolina · 1942
  2. State v. . R. R.Supreme Court of North Carolina · 1908
  3. State v. . LongSupreme Court of North Carolina · 1907
  4. State v. JohnsonSupreme Court of North Carolina · 1942
  5. State v. LongSupreme Court of North Carolina · 1907

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