State v. . Cainan
Supreme Court of North Carolina
INDICTMENT, tried before Clark, Judge, and a jury, at the January Criminal Term, 1885, of the Superior Court of Wake county. The defendant was convicted and appealed. The facts appear in the opinion.
1Opinion of the CourtMerrimon, J.
The defendant is charged with a violation of an Ordinance of the City of Raleigh, whereof the following is a copy: “Any person attending the market intoxicated, or who shall behave in a rude and improper manner, or. use profane, indecent, or boisterous language, shall be subject to arrest, and to a fine not exceeding five dollars.”
It will be observed, that the fine to be imposed, may be any sum less than five dollars. It is thus uncertain, and renders the ordinance void. In this respect, it is substantially like those held to be void in Commissioners v. Harris, 7 Jones, 281, and State v.…
2Cited by4 opinions
- State v. . StevensSupreme Court of North Carolina · 1894
- State v. . AddingtonSupreme Court of North Carolina · 1907
- State v. . IrvinSupreme Court of North Carolina · 1900
- State v. . EarnhardtSupreme Court of North Carolina · 1890