Legal Opinion

State v. . Savery

Supreme Court of North Carolina

Decided May 1, 1900Published

CRIMINAL Action for violation of special city ordinance of Winston in refusing to> be vaccinated, beard on appeal from tbe Mayor’s Court, by Robinson, J., and a jury upon' tbe plea of not guilty. Upon tbe trial the prosecutor testified tbe warrant bad not been sworn to — thereupon tbe defendant claimed a verdict of not guilty — -which was allowed, and the State appealed.

1Opinion of the CourtDouglas, J.

This is a criminal action brought here on tbe appeal of tbe State from a judgment discharging the defendant after a general verdict of not guilty. Tbe material *1084facts are as follows: “The cause came on to' be heard before the Superior Court on a warrant issued by the Mayor of the city of Winston against the defendant. There was no defect appearing on the face of tire warrant, though no affidavit was attached.

The defendant pleaded not guilty, and thei jury was empanelled.

The State introduced a witness, who swore that tire warrant was issued without any affidavit, he being the witness referred…

2Cases cited20 opinions

  1. State v. . McGimseySupreme Court of North Carolina · 1879
  2. State v. . PowellSupreme Court of North Carolina · 1882
  3. State v. . LaneSupreme Court of North Carolina · 1878
  4. State v. . DavidsonSupreme Court of North Carolina · 1899
  5. State v. . OstwaltSupreme Court of North Carolina · 1896

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