State v. Smith

• Decision Date: 19 March 1889
• Citation: 9 S.E. 200,103 N.C. 410
• Parties: STATE v. SMITH
• Court: North Carolina Supreme Court

9 S.E. 200

103 N.C. 410

STATE v. SMITH

Supreme Court of North Carolina

March 19, 1889

Appeal from superior court, Pitt county; ARMFIELD, Judge.

Moore & Bernard, for appellant.

The Attorney General, for the State.

MERRIMON, J.

The defendant was arrested on a criminal warrant issued by a justice of the peace, charging him with going upon the land of another without a license, having first been forbidden to do so, in violation of the statute. Code, § 1120. He pleaded not guilty, was convicted in the court of the justice of the peace, and from the judgment there against him he appealed to the superior court, and on the trial in that court there was a verdict of guilty; whereupon he moved in arrest of judgment, upon the ground that it was not charged in the warrant that the entry upon the land was "willful and unlawful," and that the charge did not conclude, "against the form of the statute." Upon the motion of the solicitor for the state, the court allowed the warrant to be amended in the respects mentioned, overruled the motion in arrest of judgment, and gave judgment against the defendant, from which he, having excepted, appealed to this court. The amendments of the warrant allowed did not change the nature of the offense charged, or affect the substance thereof, nor did it deprive the defendant of any defense he might or could have made. The power of the superior courts to allow such amendments is very comprehensive, and is intended to help actions and proceedings, both civil and criminal, beginning in courts of justices of the peace. Their authority to exercise such power has been repeatedly considered by this court, and is well settled. State v. Vaughan, 91 N.C. 532; State v. Crook, Id. 536; Manufacturing Co. v. Barrett, 95 N.C. 36. Very clearly, the superior court had power to allow the amendments complained of, and properly did so. There is no error. Let this opinion be certified to the superior court according to law. It is so ordered.