Legal Opinion

State v. . Purify

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 11 opinions

Indictment for a' nuisance in obstructing a highway, tried at Fall Term, 1881, of Chaven Superior Court, before Gilmer, J. Upon the special verdict found by the jury, His Honor held that the defendant was not guilty as charged in the bill of indictment, and the solicitor for the state appealed.

1Opinion of the CourtRuffin, J.

It is impossible to doubt the correctness of the judgment of the court below.

The charge preferred against the defendant in the indictment is the obstruction of “ a certain common and public highway leading from the dwelling house, &c., to the public road, &c.,” whereas the proof offered was, that he had obstructed “a certain private cart-way, leading from the dwelling house, &., to the public road,” &c.

Even if we should concede that an indictment would lie for obstructing a private cart-way — which according to the authorities seems more than doubtful— still it must be truly charged, and not,…

2Cases cited1 opinion

  1. Boyden v. . AchenbachSupreme Court of North Carolina · 1878

3Cited by11 opinions

  1. Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
  2. Chesson v. . JordanSupreme Court of North Carolina · 1944
  3. Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
  4. Burwell v. . SneedSupreme Court of North Carolina · 1889
  5. Warlick v. . LowmanSupreme Court of North Carolina · 1889

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