State v. Thomas.
Supreme Court of North Carolina
INDICTMENT against Henry Thomas, heard before Judge Fred Moore and a jury, aft the February Term, 1906, of the Superior Court of Union. There was a special verdict and upon the facts therein set forth His Honor adjudged that the defendant was not guilty and the State appealed.
1Opinion of the Court
*792Clark, C. J.
The defendant was arrested upon a warrant for violation of a town ordinance in being “drunk and disorderly and using profane language upon the streets.” He is indicted for resisting the officer in the discharge of that duty. , His defense is that the warrant was void because-signed by “Davis Armfield, mayor pro tern.” The special verdict finds that Davis Armfield, an alderman of the town of Monroe, had been duly chosen mayor pro tern by the board of aldermen on 16 March, 1905, and was still exercising the-duties of that office on 19 November, 1905, when he issued this warrant.
The…
2Cases cited3 opinions
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Mayor of Detroit v. MoranMichigan Supreme Court · 1881
- Middleton Savings Bank v. City of DubuqueSupreme Court of Iowa · 1865