State v. . Bryan
Supreme Court of North Carolina
INDICTMENT for injuring and defacing the county jail, tried at Spring Term, 1883, of CraveN Superior Court, before Philips, J. The jurors, &c., present that defendants, &c., the common jail of said county, did feloniously, wilfully, unlawfully and violently beat, strike and cut with axes, chisels, mallets and heavy sticks of wood, whereby the inner and outer walis and part of the window and cage of said jail were broken, defaced, disfigured, injured and damaged; and the said…
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INDICTMENT for injuring and defacing the county jail, tried at Spring Term, 1883, of CraveN Superior Court, before Philips, J. The jurors, &c., present that defendants, &c., the common jail of said county, did feloniously, wilfully, unlawfully and violently beat, strike and cut with axes, chisels, mallets and heavy sticks of wood, whereby the inner and outer walis and part of the window and cage of said jail were broken, defaced, disfigured, injured and damaged; and the said defendants, the said common jail, by the means aforesaid, did then and there feloni-ously, wilfully, unlawfully and…
1Opinion of the CourtMerhiMON, J.
The defendants moved in arrest of judgment -upon the general ground of insufficiency of the indictment, without specifying wherein such insufficiency appeared, and we are left to search for and find it, if, indeed, it exists at all. This is bad practice. The motion should point out with certainty and definiteness the particular ground assigned for arrest. After a careful examination of the indictment, we think it is sufficient in form and substance. There are some unnecessary words employed, but they in no way impair its efficiency; they are merely surplusage.
It is clear that an offence,…
2Cases cited1 opinion
- State v. . UnderwoodSupreme Court of North Carolina · 1877
3Cited by25 opinions
- State v. BarefootSupreme Court of North Carolina · 1955
- State v. PeeleSupreme Court of North Carolina · 1968
- State v. SparksSupreme Court of North Carolina · 1974
- State v. BowenSupreme Court of North Carolina · 1949
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
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