State v. . Bryant
Supreme Court of North Carolina
Indictment under The Code, § 1063, for removing, altering and defacing a landmark, tried at Fall Term, 1892, of Mitchell Superior Court, before Armfield, J. The indictment is substantially as follows; The jurors, etc., present that Nick Bryant, etc., with force and arms etc., wilfully and unlawfully did alter, deface and remove a certain landmark, to-wit, a corner tree, the property of, etc., against the form of the statute, etc.
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Indictment under The Code, § 1063, for removing, altering and defacing a landmark, tried at Fall Term, 1892, of Mitchell Superior Court, before Armfield, J. The indictment is substantially as follows; The jurors, etc., present that Nick Bryant, etc., with force and arms etc., wilfully and unlawfully did alter, deface and remove a certain landmark, to-wit, a corner tree, the property of, etc., against the form of the statute, etc. From the judgment of the Court quashing the indictment, the Solicitor for the State appealed.
1Opinion of the Court
Avery, J.:
There is nothing in the record from which we can gather the reasons that led the Court below to quash the indictment, and we have, therefore, critically examined it, with the aid of the suggestions made by the Attorney General, in order to discover, if possible, a fatal defect of any kind.
Though the general rule is, that a proviso contained in the same section of the law (The Code, § 1063) in which the defence is defined, must be negatived, yet where the charge itself is of such a nature that the formal statement of it is equivalent in meaning to such -negative averment, there is no…
2Cases cited4 opinions
- State v. . BradySupreme Court of North Carolina · 1890
- State v. GeorgeSupreme Court of North Carolina · 1885
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. . WilsonSupreme Court of North Carolina · 1886
3Cited by8 opinions
- State v. SturdivantSupreme Court of North Carolina · 1981
- Townsend v. . WilliamsSupreme Court of North Carolina · 1895
- State v. . CarpenterSupreme Court of North Carolina · 1917
- State v. . LongSupreme Court of North Carolina · 1907
- State v. LongSupreme Court of North Carolina · 1907
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