State v. McLean
Supreme Court of North Carolina
INDICTMENT against C. E. McLean, J. H. Heritage, J. C. Holt and. others, under Section 977 of The Code, for counseling, procuring and commanding the removal of a body buried in a cemetery without due process of law and without the consent of the next of kin of the deceased, tried at Spring Term, 1897, of AlamaNCE Superior Court. The facts are stated in the opinion. The defendants’ prayers for instructions were as follows: “First.
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INDICTMENT against C. E. McLean, J. H. Heritage, J. C. Holt and. others, under Section 977 of The Code, for counseling, procuring and commanding the removal of a body buried in a cemetery without due process of law and without the consent of the next of kin of the deceased, tried at Spring Term, 1897, of AlamaNCE Superior Court. The facts are stated in the opinion. The defendants’ prayers for instructions were as follows: “First. There is no evidence against Joseph 0. Holt and J. H. Heritage and the jury will return a verdict of not guilty as to them. Second. If the jury believe from the…
1Opinion of the Court
MONTGOMERY, J.:
The disturbing of graves, by Chapter 90 of the Acts, 1885, is made a felony, in the following-words: “Section 1. That any person who shall without due process of law, or the consent of the -surviving husband or wife, or the next of kin of the deceased, and of the person having the control of such grave, open any grave for the purpose of taking therefrom any such dead body, or any part thereof buried therein, or anything interred therewith, shall be deemed guilty of a felony, and upon conviction thereof shall-be fined or imprisoned or both, at the discretion of the Court.”
The…
2Cases cited8 opinions
- State v. . KingSupreme Court of North Carolina · 1882
- State v. . DownsSupreme Court of North Carolina · 1895
- State v. . McBrayerSupreme Court of North Carolina · 1887
- State v. . VoightSupreme Court of North Carolina · 1884
- State v. . ChisenhallSupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. McDonald.Supreme Court of North Carolina · 1903
- State v. MorganSupreme Court of North Carolina · 1904
- State v. WelchSupreme Court of North Carolina · 1950
- Mills v. CAROLINA CEMETERY PARK CORPORATIONSupreme Court of North Carolina · 1955
- Watson Seafood & Poultry Co. v. George W. Thomas, Inc.Supreme Court of North Carolina · 1975
17 more not listed; retrieve them via the Exa API.