State v. . Cooley

78 N.C. 538

• Court: Supreme Court of North Carolina
• Decided: January 5, 1878
• Status: Published

Opinion

Faircloth, J.

¥e do not know what sort of a case was-' disclosed by the evidence, but we can see'that the warrant ought to have been quashed on defendants’ motion, on the-ground that it, or the affidavit alleged no threat, fact or circumstance from which the Court could determine whether the “ fear” of the prosecutor was well founded or not, nor for which the prosecutor if swearing falsely could be prosecu ted. There being no charge against the defendants, of course they could not be taxed with the costs.

Error. Let this be certified and the proceedings quashed below.

Pee'Curiam. Judgment reversed.