State v. . Mallard
Supreme Court of North Carolina
The defendant was tried at November Term, 1906, of DupliN Superior Court before Ms,Honor, Jones, J., and a jury, for a violation of section 3688 of tbe Revisal, upon appeal from a justice of tbe peace, and was convicted. From tbe judgment rendered, defendant appealed.
1Opinion of the CourtBkowN, J.
This case is similar to State v. Wells, 142 N. C., 595, tbe offense having’ been committed at tbe same time. In fact, Wells was working under this defendant, and for tbe same company, at tbe time of tbe alleged trespass. In Wells’ case tbe Judge found tbe facts by consent, and as they were beld to be insufficient to support tbe judgment, a new trial was directed.
Tbis case was tried before a jury, and comes up upon assignments of error to bis Honor’s rulings. It was beld in Wells’ case tbe Judge found tbe facts by consent, and as they bad no authority to proceed to construct its road upon tbe…
2Cases cited5 opinions
- State v. Wells.Supreme Court of North Carolina · 1906
- State v. . BrysonSupreme Court of North Carolina · 1879
- State v. . CrawleySupreme Court of North Carolina · 1889
- State v. FisherSupreme Court of North Carolina · 1891
- State v. DurhamSupreme Court of North Carolina · 1897
3Cited by3 opinions
- S. v. . DurhamSupreme Court of North Carolina · 1897
- Watauga & Yadkin River Railroad v. FergusonSupreme Court of North Carolina · 1915
- Tate v. . FisherSupreme Court of North Carolina · 1891