State v. . Watkins
Supreme Court of North Carolina
INDICTMENT for cruelty to animals, under § 2482 of The Code, tried before Boykin, J., and a jury, at August Term, 1887, of Watauga Superior Court. The fads are sufficiently stated in the opinion.
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INDICTMENT for cruelty to animals, under § 2482 of The Code, tried before Boykin, J., and a jury, at August Term, 1887, of Watauga Superior Court. The fads are sufficiently stated in the opinion. The defendant is indicted for an alleged violation of the statute {The Code, § 2482) which provides as follows: “If any person shall wilfully overdrive, overload, wound, injure, torture, torment, deprive of necessary sustenance, or cruelly beat, or needlessly mutilate or kill, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, tortured, or deprived of necessary sustenance,…
1Opinion of the CourtMerrimon, J.
It seems that no motion in arrest of judgment was made in the Court below, but that Court should, in the absence of such motion, have refused to give judgment upon the ground that the offence was not sufficiently charged in the indictment. The Court cannot properly give judgment unless it appears in the record that an offence is sufficiently charged. It is the duty of this Court to look through and scrutinize the whole record, and if it sees that the judgment should have been arrested it will, ex mero motu, direct it to be done. State v. Wilson, Phil., 237; State v. Wise, 67 N. C., 281; State…
2Cases cited13 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- State v. GeorgeSupreme Court of North Carolina · 1885
- State v. . LilesSupreme Court of North Carolina · 1878
- State v. . HillSupreme Court of North Carolina · 1878
- Morrison v. . WatsonSupreme Court of North Carolina · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. GreerSupreme Court of North Carolina · 1953
- State v. HelmsSupreme Court of North Carolina · 1958
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . YarboroSupreme Court of North Carolina · 1927
- State v. ThorneSupreme Court of North Carolina · 1953
22 more not listed; retrieve them via the Exa API.