State v. . Baker
Supreme Court of North Carolina
Appeal from a Justice of the Peace, tried before Meares, J, at Fall Term, 1889, of the Criminal Court of MecxcleNBURG County. The warrant charged “that W. B. Baker did, on the 31st of July and the first day of August, 1889, with force and arms, at and in the county aforesaid, refuse to work the public road, after being legally^ warned by said P. P. McClel-land, supervisor, against the peace and dignity of the State.”
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Appeal from a Justice of the Peace, tried before Meares, J, at Fall Term, 1889, of the Criminal Court of MecxcleNBURG County. The warrant charged “that W. B. Baker did, on the 31st of July and the first day of August, 1889, with force and arms, at and in the county aforesaid, refuse to work the public road, after being legally^ warned by said P. P. McClel-land, supervisor, against the peace and dignity of the State.” Upon conviction in the Court of a Justice of the Peace, the defendant appealed to the Criminal Court. In the latter Court he pleaded not guilty. On the trial, the jury rendered a…
1Opinion of the Court
MerrimoN, C. J.:
Obviously, the charge in the warrant was insufficient. It indicated, in terms entirely too general and indefinite, the particular offence intended to be charged, and failed to specify, as it should have done, its constituent elements. But, clearly, the Court had authority to allow the amendment, even after verdict. The offence was a petty misdemeanor, and cognizable in the Court of a Justice of the Peace. The statute (The Code, § 908) confers upon the Superior and Criminal Courts very large powers of amendment in such cases. State v. Smith, 98 N. C., 747; State v. Crooke, 91…
2Cases cited4 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. . SmithSupreme Court of North Carolina · 1889
- State v. . SykesSupreme Court of North Carolina · 1889
- State v. . SmithSupreme Court of North Carolina · 1887
3Cited by13 opinions
- State v. . MillsSupreme Court of North Carolina · 1921
- State v. . PoythressSupreme Court of North Carolina · 1917
- State v. . NormanSupreme Court of North Carolina · 1892
- State v. . TarltonSupreme Court of North Carolina · 1935
- State v. . GreenSupreme Court of North Carolina · 1909
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