State v. . Pool
Supreme Court of North Carolina
INDICTMENT for obstructing a creek by the erection of a dam across tbe same, tried before bis Honor, Judge Watt.?, at tbe Fall Term, 1875, of tbe Superior Court of Johnston county. Tbe defendant was beld to answer for a misdemeanor, under act of 1872-73, Bat. Rev., chap. 32, see. 154. On his trial in the court below, the jury returned a special verdict, finding certain facts, upon which the presiding Judge pronounced him guilty. From this judgment, tlie defendant appealed.
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INDICTMENT for obstructing a creek by the erection of a dam across tbe same, tried before bis Honor, Judge Watt.?, at tbe Fall Term, 1875, of tbe Superior Court of Johnston county. Tbe defendant was beld to answer for a misdemeanor, under act of 1872-73, Bat. Rev., chap. 32, see. 154. On his trial in the court below, the jury returned a special verdict, finding certain facts, upon which the presiding Judge pronounced him guilty. From this judgment, tlie defendant appealed. The verdict of the jury and all other facts, necessary to an understanding of the case, are fully stated in the opinion…
1Opinion of the Court
ByNüm, J.
The defendant is indicted for constructing * a dam across Swift Creek, in the county of Johnston, whereby the natural flow of the water through the same is retarded and lessened, the said dam and obstruction not being for the purpose of utilizing the water as a motive power;
The jury found the following facts as a special verdict:
1. That the bed of the creek at the point named, and the ■waters of the creek, and the land upon each side of the stream were duly granted by the State in 1749 to one Nathaniel Giles, and that from him the title has regularly descended to the defendant.
2.…
2Cases cited1 opinion
- Parker v. . CarsonSupreme Court of North Carolina · 1870
3Cited by10 opinions
- Miller v. StateTennessee Supreme Court · 1910
- Hall v. De Kalb CountySupreme Court of Alabama · 1922
- State v. . PoolSupreme Court of North Carolina · 1876
- State v. GoldsteinSupreme Court of Alabama · 1922
- State v. GoldsteinAlabama Court of Appeals · 1922
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