1 N.C. 173
Decided July 1, 1793
HE was indicted before a Justice of the Peace in the county, for that being of evil same, and minus honestis conversationis suit nocte vagrans and that on such a day, &c. he frequented a bawdy-house. The indictment was removed in the King’s Bench, and moved that it be quashed. For the last part of the indictment being bad, it is as if he had been indicted for night-walking only; which is not a crime, for one may have occasion to go out at night. 4 H. 7. 12.
Decided 1793-07-01
¶1The indictment is well on that part: for it is said that Willow, being of evil same, &c. suit nocte vagrans. and this is to be intended communis nocte vagrans. At common law, every man may arrest a night-walker, and Rastal says that the statute of Winton is the common law; but he shall be dismissed if nothing suspicious appears: but it is otherwise here. Even if the indictment was good in part and bad in part, it would not be quashed.
¶2Whereupon Willow was fined 40s.