Legal Opinion

State v. . Hawes

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 2 opinions

This was an indictment for an assault and battery upon one Edward Hall, tried before his Honor, Bwcton, J., upon the plea of autrefois convict at the last Term of the Superior Court of the County of Duplin.

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This was an indictment for an assault and battery upon one Edward Hall, tried before his Honor, Bwcton, J., upon the plea of autrefois convict at the last Term of the Superior Court of the County of Duplin. In support of their plea the defendants produced a warrant in the following words: “ State oe North Carolina, To the Sheriff or other lawful officer of Duplin County— Greeting : Whereas, Information on the oath of Edward Hall, of said County, has been made to me, J. J. Ward, one of the Justices of the Peace of said County, that W. B. Hawes, John H. Blanton, Jacob D. Matthis, and R. J. T.…

1Opinion of the CourtSettle, J.

The judgment is affirmed, for the reason given by the presiding Judge, to-wit: that the warrant, (which he considered as a complaint in writing, in which view we also concur,) contains no averment negativing collusion with the accused.

This is perhaps the most essential requisite prescribed by the Legislature in order to give a Justice of the Peace jurisdiction in criminal matters, for the great objection heretofore urged to conferring upon them this jurisdiction has been that by collusion, grave offences against the State would be compromised before these inferior Courts, to the exclusion of…

2Cited by2 opinions

  1. State v. . JonesSupreme Court of North Carolina · 1883
  2. State v. . GardnerSupreme Court of North Carolina · 1875

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