State v. Foy

• Decision Date: 24 October 1887
• Citation: 3 S.E. 524,98 N.C. 744
• Parties: State v. Foy.
• Court: North Carolina Supreme Court

3 S.E. 524

98 N.C. 744

State

v.Foy.

Supreme Court of North Carolina.

October 24, 1887.

Opfice and Officers—Misconduct—Indictment.

Code N. C. § 906, provides " that it shall be the duty of each justice of the peace to furnish the clerk of the superior, criminal, or inferior court of his county with a list of the names and offenses of all parties tried and finally disposed of by such justice, together with the papers in each case, in all criminal actions since the last term of the superior, criminal, or inferior court." An indictment against a justice alleged that he did on certain days try and finally dispose of certain criminal actions, and did willfully and unlawfully fail to furnish the clerk of the superior court of the county with a list containing the names of all parties tried in such actions. Held, that such indictment sufficiently advised accused of the particulars of the criminal neglect imputed, so as to protect him against any further prosecution for the same offense, and should not be quashed because it omitted to state the names of the persons tried, or that their names were unknown.

Appeal from superior court, Craven county; Shipp, Judge.

The Attorney General, for the State. Simmons & Manly, for defendant.

Smith, C. J. The defendant, as a justice of the peace, is charged with a willful and unlawful neglect and failure to furnish the clerk of the superior court of his county with the list of the criminal cases tried and finally disposed of by him during the year 1885, and before the tenth day of May in that year, together with the papers in each case, as required by section 906 of the Code. This neglect is made a misdemeanor by the act of March 4, 1879, where the justice or other officer failed to pay over fines, penalties, and forfeitures that were received, but is extended to all cases where there is such delinquency as to any of the duties imposed by the Code on the officers designated, among whom are justices of the peace. Code, § 765. But a reasonable construction of the enactment, in our opinion, confines its operations to ministerial duties required to be performed, and to this class belongs the offense imputed.

The indictment alleges that the defendant, as a justice of the peace, did, on certain days in the year 1885 prior to the tenth day of May, try and finally dispose of certain criminal actions which were before him, and "did willfully and unlawfully fail to furnish the clerk of the superior court of said county, at Spring term, 1885, with a list containing the names of all parties tried in all criminal actions finally disposed of by him as justice of the peace aforesaid, since Fall term, 1884, of said superior court." The allegations in form substantially pursue the terms of the statute in defining the offense.

The...