Supreme Court of North Carolina, 1884

State v. . Parker

Supreme Court of North Carolina · Decided October 5, 1884 · Ashe

91 N.C. 650

Cases that cite this one

12 later published cases cite this decision.

State v. . Bishop (N.C. 1947)
State v. . Ostwalt (N.C. 1896)
State v. . Brown (N.C. 1942)
State v. Brown (N.C. 1942)
State v. . R. R. (N.C. 1907)
State v. Holloman. (N.C. 1905)
State v. Rippy. (N.C. 1900)
State v. . Pierce (N.C. 1898)
State v. Joyce (N.C. 1897)
State v. Addington (N.C. 1897)
State v. . Bloodworth (N.C. 1886)
State v. Bloodworth (N.C. 1886)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Ashe, J.

There is no error in the charge given by His Honor. No doubt the seventh section was omitted to be mentioned in the eighth section through inadvertence ; or, it may be, that it was a mistake in the printer. But be that as it may, it can make no difference, for there can be no doubt, as His Honor held, that the defendant is indictable at common law.

*652 If a statute prohibit a matter of public grievance, or command a matter of public convenience, all acts or omissions contrary to the prohibition or command of the statute, being misdemeanors at common law, are punishable by indictment, if the statute specify no other mode of proceeding. Arch. Cr. Law 2; 2 Hawk., ch. 25, § 4. There is no other mode of proceeding specified in the act; ergo, the defendant is indictable at common law. Let this be certified, &c.

No error. Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.