State v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
CRIMINAL action, tried before Bryan, J., at May Term, 1891, of Beaufort Superior Court. The defendant is indicted for obstructing a public road.
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CRIMINAL action, tried before Bryan, J., at May Term, 1891, of Beaufort Superior Court. The defendant is indicted for obstructing a public road. The indictment charges that he “ unlawfully and wilfully did obstruct said public road by placing in and across it certain plank where the road of said corporation (the defendant) crossed the said public road, so that the good citizens of the State could not, nor cannot now, cross and recross over said public road with their teams, as they were accustomed to pass and repass, and so continues to impede and obstruct said road, to the common nuisance,”…
1Opinion of the CourtMekrimon, C. J.
(after stating the facts): Accepting the evidence of the single witness for the State as true, there was a substantial variance between the charge as laid and the proof. The charge was the obstruction of the public road mentioned “ by placing in and across it certain plank ” at the place specified. The proof was, in substance, that a dangerous hole in the crossing was permitted to be and continue for a week or two, occasioned by the slipping down of a plank from its place. The constituent facts charged were widely different in their substance and meaning from those proven. The indictment…
2Cited by6 opinions
- State v. . McCollumSupreme Court of North Carolina · 1921
- State v. SawyerSupreme Court of North Carolina · 1950
- State v. . FinchSupreme Court of North Carolina · 1940
- State v. McCollumSupreme Court of North Carolina · 1921
- State v. . NewburySupreme Court of North Carolina · 1898
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