State v. . Powers
Supreme Court of North Carolina
Indictmemt, for a Misdemeanor', tried at Spring Term, 1876, of Cumberland Superior Court, before his Honor, Judge Buxton, and a jury.
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Indictmemt, for a Misdemeanor', tried at Spring Term, 1876, of Cumberland Superior Court, before his Honor, Judge Buxton, and a jury. Upon the trial in the Court below, the jury returned the following special verdict, to-wit: 1. They find that the defendant was, on the said 24th day of April, 1876, appointed, qualified and acting as Registrar of Voters for a municipal election, to be held in the town of Fayetteville, on the 1st Monday in May, 1876, for a Mayor and seven Commissioners. 2. That on said 24th day of April, 1876, the prosecutor made application to the defendant to be registered as…
1Opinion of the CourtReade, J.
Any officer in the State who is required, in entering upon his office, to take an oath of office, who shall wilfully omit, neglect or refuse to discharge any of the duties of his office, shall be deemed guilty of a misdemeanor. Bat. Rev., chap. 32, sec. 107.
It may be that “ officer in the State ” may mean State officers, as distinguished from town officers, or other officers; but it is not necessary to decide it in this case; because, taking the defendant to be within the statute, still we think he is not guilty.
The Act of 21st December, 1870, under which the defendant was acting as…
2Cited by7 opinions
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- State v. . YanceySupreme Court of North Carolina · 1876
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- Ex Parte AmosSupreme Court of Florida · 1927
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