Static v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
INDICTMENT tried before Neal, J.-, and a jury, August Term, 1908, of WilsoN. Tliis is an indictment for permitting a train of ears to bo run on Sunday, between sunrise and sunset, contrary to sec. 3844 of the Revisal, which is as follows: “If any railroad company shall permit the loading or unloading of any freight' car on Sunday, or shall permit any car, train of cara, or locomotive to be run on Sunday on any railroad (except the trains specified in the section) such…
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INDICTMENT tried before Neal, J.-, and a jury, August Term, 1908, of WilsoN. Tliis is an indictment for permitting a train of ears to bo run on Sunday, between sunrise and sunset, contrary to sec. 3844 of the Revisal, which is as follows: “If any railroad company shall permit the loading or unloading of any freight' car on Sunday, or shall permit any car, train of cara, or locomotive to be run on Sunday on any railroad (except the trains specified in the section) such railroad company shall be guilty of a misdemeanor in each county where such car, train of cars or locomotive shall run, or in…
1Opinion of the Court
Walker, J.,
after stating the case: The offence created by the statute in question consists in the running of trains on Sunday by permission of the railway company. The statute is not so worded as to withdraw from its operation, by exception or proviso, trains which are run without the consent of the railway company, but the permission of the company is made an essential ingredient of the offence, and under well-settled rules of criminal pleading the State is' called upon to show the permission in order to convict the defendant. This is not imposing upon the State a burden of proof which it is…
2Cases cited7 opinions
- State v. ConnorSupreme Court of North Carolina · 1906
- State v. . SimmonsSupreme Court of North Carolina · 1907
- State v. . McDanielSupreme Court of North Carolina · 1881
- State v. . WoodlySupreme Court of North Carolina · 1855
- State v. . LillySupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- State v. . R. R.Supreme Court of North Carolina · 1896