State v. . Cooley

Supreme Court of North Carolina
State v. . Cooley, 78 N.C. 538 (N.C. 1878)
Faircloth

State v. . Cooley

Opinion of the Court

Faircloth, J.

¥e do not know what sort of a case was-' disclosed by the evidence, but we can see'that the warrant ought to have been quashed on defendants’ motion, on the-ground that it, or the affidavit alleged no threat, fact or circumstance from which the Court could determine whether the “ fear” of the prosecutor was well founded or not, nor for which the prosecutor if swearing falsely could be prosecu *539 ted. There being no charge against the defendants, of course they could not be taxed with the costs.

Error. Let this be certified and the proceedings quashed below.

Pee'Curiam. Judgment reversed.

Reference

Full Case Name
State v. Richard Cooley and Others.
Cited By
3 cases
Status
Published