Legal Opinion

State v. . Williams

Supreme Court of North Carolina

Decided September 21, 1910PublishedCited by 6 opinions

Appeal from Ferguson, J., at March Special Term, 1910, of OeAVEN. This is an indictment under sec. 3572 of Revisal as follows: “If any person, appointed or elected a commissioner or director to discharge any trust wherein the State or any county, city or town may be in any manner interested, shall become an undertaker, or make any contract for his own benefit, under such authority, or be in any manner concerned or interested in making such contract, or in the profits…

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Appeal from Ferguson, J., at March Special Term, 1910, of OeAVEN. This is an indictment under sec. 3572 of Revisal as follows: “If any person, appointed or elected a commissioner or director to discharge any trust wherein the State or any county, city or town may be in any manner interested, shall become an undertaker, or make any contract for his own benefit, under such authority, or be in any manner concerned or interested in making such contract, or in the profits thereof, either privately or openly, singly or jointly with another, he shall be guilty of a misdemeanor.” There was a special…

1Opinion of the Court

Brown, J.,

after stating the case. This section of the Revisal is substantially the same as the act of 1825, which has been in force since that time, but so far as we have been able to learn this Court has never been called upon to construe its provisions. Whether the law has been scrupulously obeyed or has gone into “innocuous desuetude” is a matter of conjecture. The defendant contends that the proper construction of the act requires that the defendant must have been appointed or elected a commissioner or director to discharge a public trust, and then in the course of such public authority…

2Cases cited2 opinions

  1. Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
  2. People ex rel. Gaffney v. MayerNew York Supreme Court · 1903

3Cited by6 opinions

  1. Gibbs v. MayoCourt of Appeals of North Carolina · 2004
  2. Lexington Insulation Company v. Davidson CountySupreme Court of North Carolina · 1955
  3. Tonkins v. City of GreensboroCourt of Appeals for the Fourth Circuit · 1960
  4. Harrell v. PowellSupreme Court of North Carolina · 1958
  5. Tonkins v. City Of GreensboroCourt of Appeals for the Fourth Circuit · 1960

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