State v. Hathcock
| Decision Date | 31 December 1846 |
| Parties | STATE v. HATHCOCK et al. |
| Court | North Carolina Supreme Court |
An indictment, which charges, that “A. B. and C. &c. with force and arms, &c. unlawfully, riotously, and routously did assemble together, to disturb the peace of the State, and did, then and there, being so assembled and gathered together, make a great noise and disturbance in and near the dwelling house of one W. S., proclaiming that the said W. S. and his wife were persons of color, offering them for sale at auction and calling them vulgar and opprobious names, all of which was done in a loud voice, so that the same could be heard at a great distance, to the great damage and terror of the said W. S. and wife and the common nuisance, &c.” does not charge any criminal offence, inasmuch as it does not state that the said W. S. or his wife was in the house at the time.
Every indictment is a compound of law and fact, and must be so drawn, that the Court can, upon its inspection, be able to perceive the alleged crime.
Appeal from the Superior Court of Stanly County, at the Fall Term, 1846, his Honor Judge DICK presiding.
The indictment is in the following words: “The Jurors for the State, upon their oath present, that Nelin Hathcock, James Hathcock, and Green Hathcock, late of the County of Stanly, together with divers other evil disposed persons, to the number of ten or more, to the Jurors aforesaid unknown, on the twentieth day of August, in the year of our Lord one thousand eight hundred and forty-five, with force and arms, to-wit: with sticks, staves, and other offensive weapons, at and in the County of Stanly aforesaid, unlawfully, riotously, and routously did assemble and gather together to disturb the peace of the State, and did then and there, being so assembled and gathered together, unlawfully, riotously and routously make a great noise and disturbance, in and near the dwelling house of one Willis Shed, proclaiming that they, the said Willis Shed and his wife Election Ann Shed, were persons of colour, offering them for sale at auction, and calling them vulgar and opprobrious names, all which was done in a loud voice, so that the same could be heard at a great distance, to the great damage and terror of the said Shed and wife, and the common nuisance of the good citizens of the State, and against the peace and dignity of the State.
The defendants upon the trial were convicted, and moved in arrest of judgment, “because no...
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State v. Johnson, 653.
...of law and fact, and must be so drawn, that the Court can, upon its inspection, be able to perceive the alleged crime.' State v. Hathcock, 29 N.C. 52. This is essential to a valid judgment. In explanation of the principle, Chief Justice Ruffin used this significant language in State v. Stan......
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State v. Johnson
... ... every man has the right to be informed of the accusation ... against him; and the accusation must be definite. 'Every ... indictment is a compound of law and fact, and must be so ... drawn, that the Court can, upon its inspection, be able to ... perceive the alleged crime.' State v. Hathcock, ... 29 N.C. 52. This is essential to a valid judgment. In ... explanation of the principle, Chief Justice Ruffin used this ... significant language in State v. Stanton, 23 N.C ... 424: 'Thus, a statute may be so inaccurately penned, that ... its language does not express the whole meaning ... ...
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State v. Greer
...173 N.C. 767, 92 S.E. 373. In State v. Cole, supra [202 N.C. 592, 163 S.E. 596], the Court quotes with approval these words from State v. Hathcock, 29 N.C. 52, "Every indictment is a compound of law and fact, and must be so drawn, that the Court can, upon its inspection, be able to perceive......
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State v. Davenport
...that the defendants could have been properly indicted and convicted either of a forcible trespass, a riot, or rout (State v. Hathcock, 29 N. C. 52; State v. York, 70 N. C. 66) or an unlawful assembly (2 McClain, Cr. Law, § 1003), all misdemeanors at common law, and the sentence pronounced i......