State v. . Taylor
Supreme Court of North Carolina
CRIMINAL action, prosecuted by J. EL Stepp against J. A. Taylor, the defendant. A warrant was issued, upon the complaint of J. IT. Stepp, charging that the defendant “ did unlawfully, maliciously, willfully, commit damage, injury, and spoil upon one fence, the property of J. H. Stepp, in violation of Section 1081 of The Oode” etc.,.“ by pulling down, the same,” etc.
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CRIMINAL action, prosecuted by J. EL Stepp against J. A. Taylor, the defendant. A warrant was issued, upon the complaint of J. IT. Stepp, charging that the defendant “ did unlawfully, maliciously, willfully, commit damage, injury, and spoil upon one fence, the property of J. H. Stepp, in violation of Section 1081 of The Oode” etc.,.“ by pulling down, the same,” etc. Upon the trial before the justice of the peace the prosecutor moved to amend the warrant so as to charge that the defendant “ did unlawfully and willfully pull down the fence surrounding a cultivated field, the property and in…
1Opinion of the Court
Furches, J:
The appeal is without merit and cannot be sustained. If the justice of the peace had authority to amend the warrant, under Section 908 of The Code, he did not do it. And we know of no power we have, or the superior court had, to compel him to exercise a discretionary power.
But this being a proposition or motion to Strike out the offence charged in the warrant, and to insert another offence, it seems that such amendment was not authorized. State v. Vaughan, 21 N. C., 535; State v. Cook, Ibid, 236.
But the prosecutor had no right to appeal, except it may be as to costs. State v.…
2Cases cited3 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- Baird v. Baird's HeirsSupreme Court of North Carolina · 1837
- State v. . HamiltonSupreme Court of North Carolina · 1890
3Cited by11 opinions
- State v. . GoffSupreme Court of North Carolina · 1934
- Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
- State v. . MillsSupreme Court of North Carolina · 1921
- State v. CookeSupreme Court of North Carolina · 1957
- State v. CofieldSupreme Court of North Carolina · 1957
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