State v. Smith

Decided July 15, 1808

Supreme Court of North Carolina · decided 1808-07-15

T > From Wilmington District. This case was sent to this Court for the opinion of the Judges, upon a motion to quash the following indictment. «STATE OE N ORTH-C AROLINA, > «.wiMnsoTON district. 5… Held: that the Defendant being a public officer, and appointed for public purposes, any departure from the duties of his office, was a misdemeanor, although no particular injury to the community resulted therefrom.

Cited by 1 later decisions — most recently June 1879

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1808-07-15

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Tavxoh, Judge,

¶1delivered the opinion of the Court:

¶2We are not prepared to say that the offence charged in the indictment is not the subject of a criminal prosecution, or if it be, that it is stated in the bill with such plain and manifest imperfection as to call for the extraordinary interposition of the Court. In cases of doubt, it is alike due to public justice and the rights of the citizen, that the facts shall be enquired into by a Jury ; and if the charges be affirmed by their verdict, the questions of law, introduced in the present discussion, will be still open to the Defendant on a motion to arrest.