Legal Opinion

State v. . Miller

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 4 opinions

IndictmeNt for neglect of duty as overseer of a public road, tried before Clark, J., and a jury, at November Term, 1887, of Rowan Superior Court. The indictment was quashed, on motion of the defendant, and the State appealed. The facts appear in the opinion.

1Opinion of the CourtMekrimon, J.

The indictment charges, properly, that for a long while a specific part of a public road in the County of Rowan was in a ruinous condition, and greatly out of repair, &c., and it further charges, “ that, ’during all the said time, John Miller was overseer of the said highway, from the corporation line of Salisbury to the township line of Salisbury Township, a distance of some three or four miles, the same constituting his section of said road, and then and there did unlawfully and negligently omit to mend and repair the said highway embracing his section, as aforesaid, contrary to the form of…

2Cases cited3 opinions

  1. State v. . EasonSupreme Court of North Carolina · 1874
  2. State v. . BenthallSupreme Court of North Carolina · 1880
  3. State v. . McDowellSupreme Court of North Carolina · 1881

3Cited by4 opinions

  1. State v. Burnett.Supreme Court of North Carolina · 1906
  2. Henderson County v. . SmythSupreme Court of North Carolina · 1939
  3. State v. . FlowersSupreme Court of North Carolina · 1891
  4. Moser v. FulkSupreme Court of North Carolina · 1953

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