State v. . Hathcock
Supreme Court of North Carolina
Appeal from the Superior Court of Stanly County, at the Fall Term, 184G, his Honor Judge Dick presiding. The indictment is in the following words : “ The Jurors for the State, upon their oath present, that Nelin Hathcock, James Hathcock, and Green Hathcock, late of the County of Stanly, together with divers other evil disposed persons, to the number of ten or more, to the Jurors aforesaid unknown, on the twentieth day of August, in the year of our Lord one thousand eight…
Read the full summary
Appeal from the Superior Court of Stanly County, at the Fall Term, 184G, his Honor Judge Dick presiding. The indictment is in the following words : “ The Jurors for the State, upon their oath present, that Nelin Hathcock, James Hathcock, and Green Hathcock, late of the County of Stanly, together with divers other evil disposed persons, to the number of ten or more, to the Jurors aforesaid unknown, on the twentieth day of August, in the year of our Lord one thousand eight hundred and forty-five, with force and arms, to-wit: with sticks, staves, and other offensive weapons, at and in the County…
1Opinion of the CourtNash, J.
Every indictment is a compound of law and fact, and must be so drawn, that the Court can, upon its inspection, be able to perceive the alleged crime. The offence, here intended to be charged against the defendants, is that of a riot; in their assembling in a tumultuous manner, in and about the dwelling house of Shed, and there making a great noise, using abusive and insulting language. , The gist of the offence consists in the defendants using such force and violence, as amounted to a breach of the peace, and the law requires, that, in indictments of this kind, the facts shall be so charged,…
2Cited by9 opinions
- State v. GreerSupreme Court of North Carolina · 1953
- State v. . ColeSupreme Court of North Carolina · 1932
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. . BallangeeSupreme Court of North Carolina · 1926
4 more not listed; retrieve them via the Exa API.