State v. Baum.
Supreme Court of North Carolina
INDICTMENT against Arthur Baum, heard by Judge O. H. Allen and a jury, at March Term, 1900, of the Superior Court of OukeitucK County. From a verdict of guilty and judgment thereon, the defendant appealed. This is a criminal action on indictment, charging the defendant with unlawfully obstructing the navigation of a part of Currituck Sound, known as North Sand Cove.
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INDICTMENT against Arthur Baum, heard by Judge O. H. Allen and a jury, at March Term, 1900, of the Superior Court of OukeitucK County. From a verdict of guilty and judgment thereon, the defendant appealed. This is a criminal action on indictment, charging the defendant with unlawfully obstructing the navigation of a part of Currituck Sound, known as North Sand Cove. One Hampton, a witness for the State, testified as follows: “I know North Sand Cove, which begins on the eastern side of Currituck Sound and runs through the marsh for about one-half to one mile, and runs into the sound again. It…
1Opinion of the Court
Douglas, J.,
after stating the facts: We find no error in his Honor’s refusal to charge, or in his charge, though the latter is somewhat meager. But as there are no requests for special instructions, we presume that it was intended to present to us the simple question whether such a watercourse, as is described in the uncontradicted testimony, is a navigable stream. We are of opinion that it is, and that the defendant was properly convicted if the jury believed the evidence, the credibility of which was left to them.
This case is very similar to that of State v. Narrows Island Club; 100 N. C.,…
2Cases cited18 opinions
- The Propeller Genesee Chief v. FitzhughSupreme Court of the United States · 1852
- Barney v. KeokukSupreme Court of the United States · 1877
- United States v. RodgersSupreme Court of the United States · 1893
- State v. . GlenSupreme Court of North Carolina · 1859
- Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1895
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3Cited by19 opinions
- Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
- Hopkins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
- S. v. . TwifordSupreme Court of North Carolina · 1904
- State v. TwifordSupreme Court of North Carolina · 1904
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