State v. . Smith
Supreme Court of North Carolina
INDICTMENT for retailing spirituous liquors, tried before Thomas, J., at Fall Term 1868 of the Superior Court of' Jones. The only question made before this Court was upon the refusal of his Honor below to arrest the judgment, although the indictment concluded against the form of the “Statue”' instead of Statute.
1Opinion of the CourtSettle, J.
The defendant moves to arrest the judgment',, for that the indictment concludes against the form of the “ statue, ” when it should have been, statute. What is the effect of substituting the word “statue”for statute,in this connection ?
Formerly, it was necessary to set out at length the statute,, or statutes, if more than one, upon which an indictment was-founded, in order that the party might be informed of the law, against which it was alleged that he had offended. This particularity being attended with much inconvenience, and rendering the proceedings very cumbersome, the conclusion “contra…
2Cited by12 opinions
- State v. . HarrisSupreme Court of North Carolina · 1890
- State v. . DavisSupreme Court of North Carolina · 1879
- State v. . CarpenterSupreme Court of North Carolina · 1917
- State v. . BarnesSupreme Court of North Carolina · 1898
- State v. Lu SingMontana Supreme Court · 1906
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