State v. . Cauble
Supreme Court of North Carolina
Criminal aotioN, (for refusing to work on public road, Bat. Rev., chap. 104, sec. 10,) tried before Albertson, Jl, at the special (August) Term, 1873, of the Superior Court of RowaN county. The action was commenced by warrant, in the name of John Barger against the defendant, charging him with refusing or neglecting to work on the public road, of which Barger had been appointed overseer.
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Criminal aotioN, (for refusing to work on public road, Bat. Rev., chap. 104, sec. 10,) tried before Albertson, Jl, at the special (August) Term, 1873, of the Superior Court of RowaN county. The action was commenced by warrant, in the name of John Barger against the defendant, charging him with refusing or neglecting to work on the public road, of which Barger had been appointed overseer. It was tided first by a Justice of the Peace and judgment given against defendant, from which he appealed to the Superior Court. Before submitting the case to the jury, on motion of the Solicitor, the warrant…
1Opinion of the CourtBynuM, J.
This was a criminal action against the defendant for failure to work on the public road, founded on sec. 10, ch. 104, Bat. Rev. On the trial in the Superior Court, several objections were raised by defendant.
1. That the Court had no power to amend the warrant by striking out the name of John Barger as plaintiff, and inserting the name of the State as prosecutor. The power of the Court to make any amendment in furtherance of justice is ample. C. C. P., sec. 132. The change did not affect the de-fence or take the defendant at a disadvantage, and he, therefore, has no cause of complaint.
2. That…
2Cited by10 opinions
- State v. . GoffSupreme Court of North Carolina · 1934
- State v. . KellySupreme Court of North Carolina · 1923
- State v. . MillsSupreme Court of North Carolina · 1921
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- Reynolds v. . SmathersSupreme Court of North Carolina · 1882
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