State v. Greene
| Decision Date | 23 December 1909 |
| Citation | 161 N.C. 729,66 S.E. 564 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. GREENE. |
In every criminal prosecution, the charge must be so stated as to show that a crime has been committed, and the crime must be described with sufficient certainty to inform the defendant of the nature of the accusation against him and to enable the court to proceed to judgment in case of conviction.
[Ed. Note.—For other cases, see Indictment and Information, Cent. Dig. §§ 193, 194; Dec. Dig. § 71.*]
A warrant in a criminal prosecution for failure to work the public roads is fatally defective, where it fails to allege that defendant was assigned to work the road described and failed to negative the payment of the $1 allowed by the law in lieu of service.
[Ed. Note.—For other cases, see Highways, Cent. Dig. § 416; Dec. Dig. § 151.*]
Appeal from Superior Court, Franklin County; Cooke, Judge.
George Greene was convicted for failure to work the public roads, and he appeals. Reversed.
Criminal prosecution for failure to work the public roads, heard on appeal from a justice's court before his honor, C. M. Cooke, J., and a jury, at January term, 1909, of the superior court of Franklin county. Defendant was convicted. Motion in arrest of judg-ment overruled. Judgment, and defendant excepted and appealed.
The Attorney General and Geo. L. Jones, for the State.
We have recently held, In State v. Lunsford, 150 N. C. 862, 64 S. E. 765, that in every criminal prosecution, whether by indictment or warrant, or warrant taken in connection with the affidavit, the charge must be so stated as to show that a crime has been committed, and same must be described with sufficient certainty to inform the defendant of the nature of the accusation against him, and to enable the court to proceed to judgment in case of conviction.
In the present case, and under several decisions of the court, the warrant is fatally defective in failing to allege that defendant was assigned to work the road described and failing to negative the payment of the $1 allowed by the law in lieu of service. State v. Neal, 109 N. C. 859, 13 S. E. 784; State v. Baker, 106 N. C. 758, 11 S. E 360; State v. Pool, 106 N. C. 698, 10 S. E. 1033; State v. Smith, 98 N. C. 747, 4 S. E. 517. The motion of defendant therefore must be allowed, and judgment against him arrested.
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