State v. . Pool
Supreme Court of North Carolina
Appeal from a Justice of the Peace, tried at Spring Term, 1890, of Moore Superior Court, before Bynum,, J. The-defendant was held to answer criminally before a Justice of the Peace for having failed to do service on the public road.
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Appeal from a Justice of the Peace, tried at Spring Term, 1890, of Moore Superior Court, before Bynum,, J. The-defendant was held to answer criminally before a Justice of the Peace for having failed to do service on the public road. The affidavit and the State warrant founded upon it, taken together, charge that the overseer of the road mentioned summoned the defendant “for more than three days before the 18th day of September, 1889, to appear and work the ICeyser public road on the 18th day of September, 1889, at 8 o’clock, a. M., and bring a shovel, and that the defendant unlawfully and…
1Opinion of the CourtMerrimoN, C. J.
after stating the case: Criminal and' other proceedings before Justices of the Peace should be upheld when they embody the essential substance of the matter to which they relate, however informal and disorderly they may be; and when they are defective in form or substance, Courts having authority to do so, should freely, but cautiously, exercise their large powers to amend the same, if sufficient facts appear by which to amend. Fair opportunity should be allowed the defendant to complete his defence. The Code, §908; State v. Smith, 98 N. C., 747; State v. Smith, 103 N. C., 410.
But especially…
2Cases cited3 opinions
- State v. Narrows Island Club.Supreme Court of North Carolina · 1888
- State v. . SmithSupreme Court of North Carolina · 1889
- State v. . SmithSupreme Court of North Carolina · 1887
3Cited by11 opinions
- Alexander v. LindseySupreme Court of North Carolina · 1949
- Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. . GuptonSupreme Court of North Carolina · 1914
- State v. . GillikinSupreme Court of North Carolina · 1894
- State v. . GreenSupreme Court of North Carolina · 1909
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