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17 S.C.L. 134

State v. Broyles

Court of Appeals of North Carolina

Decided December 15, 1828

Court of Appeals of North Carolina · decided 1828-12-15

<p>The Court of Appeals will not render judgment on a special verdict. Its jurisdiction is appellate only; and if a verdict is brought up without tile judgment of the Circuit Court, it will he remanded for judgment.</p> <p>A commissioner of the roads is not liable to be separately indicted for not repairing bis division of an established public road, which had been ordered by the board of commissioners to be discontinued. The board have no authority to order the discontinuance of such a road; but all the members of the board must be indicted jointly.</p>

Decided 1828-12-15

Nott, J.

¶1I should have given the act a different construction myself: but as a majority of the Court, concurring with the presiding Judge, have given it a construction consistent with the rule that penal statutes are to be construed strictly, I am not dissatisfied with being in a minority.

¶2Motion granted.

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