State v. . Pepper
Supreme Court of North Carolina
Criminal action tried before Bussell, J., at the Fall Term, 1872, of Robeson Superior Court. The defendant was indicted for a common nuisance. The allegation in the bill of indictment charging the offense is set out in the opinion of this Court.
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Criminal action tried before Bussell, J., at the Fall Term, 1872, of Robeson Superior Court. The defendant was indicted for a common nuisance. The allegation in the bill of indictment charging the offense is set out in the opinion of this Court. On the trial below his Honor charged the jury, that if the defendant went into the streets in the night, and by loud talking and by profane and objectionable language, disturbed and annoyed the citizens generally, that he was guilty; that the question was not whether he disturbed particular persons, but whether his conduct annoyed and disturbed the…
1Opinion of the CourtRodman, J.
The Attorney General moved to dismiss the defendant’s appeal, because he had neither given an appeal bond or made the affidavit of inability and filed an opinion of counsel in lieu of it, as provided by the act of 1869-’70, chap. 196. He afterwards, however, argued the case on its merits, thereby waiving his motion to dismiss the appeal. He had a right to do this, and we have no disposition, perhaps no right, to revise his discretion. But we may say generally, that inasmuch as it never can be to the interest of the State for one of its citizens to suffer punishment, unless he has been legally…
Also in this document: Per curiam.
2Cited by7 opinions
- People v. CarbajalCalifornia Court of Appeal · 2003
- State v. . ChrispSupreme Court of North Carolina · 1881
- State v. . PowellSupreme Court of North Carolina · 1874
- State v. . BarhamSupreme Court of North Carolina · 1878
- State v. . FaulkSupreme Court of North Carolina · 1911
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