State v. . Corbin

Supreme Court of North Carolina

State v. . Corbin

72 S.E. 1071, 157 N.C. 619, 1911 N.C. LEXIS 106

CourtSupreme Court of North Carolina

DecidedDecember 13, 1911

StatusPublished

Cited by2 cases

This text of 72 S.E. 1071 (State v. . Corbin) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Corbin, 72 S.E. 1071, 157 N.C. 619, 1911 N.C. LEXIS 106 (N.C. 1911).

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Opinion

Alleh, J.

The indictment follows the words of the statute, which is as follows: “If any person shall defile, corrupt, or pollute any well, spring, drain, branch, brook or creek, or other source of public water supply used for drinking purposes, in any manner, or deposit the body of ’ any dead animal on the watershed of any such water supply, or allow the same to remain thereon, unless the same is buried with at least two feet cover, he shall be guilty of a misdemeanor, and fined and imprisoned, in the discretion of the court”; and it has been held repeatedly that it is sufficient for the indictment to follow the language of the statute. S. v. Stanton, 23 N. C., 430; S. v. Roberson, 136 N. C., 587; S. v. Harrison, 145 N. C., 408; S. v. Leeper, 146 N. C., 655.

If the defendant did not know which stream he was charged with polluting, or the means alleged to have been used, he could have obtained specific information by asking for a bill of particulars, under section 3244 of the Revisal.

*621 Speaking o£ tbis question in S. v. Shade, 115 N. C., 757, Mr. Jusiice Avery says: “Tbe trend of judicial decision and tbe tendency of legislation is towards tbe practical view that objections founded upon mere matter of form should not be considered by tbe Court unless there is reason to believe that a defendant has been misled by tbe form of tbe charge, or was, not apprised by its terms of the nature of tbe offense which be was held to answer. Where tbe defendant thinks that an indictment, otherwise objectionable in form, fails to impart information sufficiently specific as to the nature of tbe charge, be may before trial move tbe court to order that a bill of particulars be filed, and tbe court will not arrest tbe judgment after verdict where be attempts to reserve bis fire until be takes first tbe chance of acquittal.”

Tbe motion was properly overruled.

No error.

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Alleh, J.

The indictment follows the words of the statute, which is as follows: “If any person shall defile, corrupt, or pollute any well, spring, drain, branch, brook or creek, or other source of public water supply used for drinking purposes, in any manner, or deposit the body of ’ any dead animal on the watershed of any such water supply, or allow the same to remain thereon, unless the same is buried with at least two feet cover, he shall be guilty of a misdemeanor, and fined and imprisoned, in the discretion of the court”; and it has been held repeatedly that it is sufficient for the indictment to follow the language of the statute. S. v. Stanton, 23 N. C., 430; S. v. Roberson, 136 N. C., 587; S. v. Harrison, 145 N. C., 408; S. v. Leeper, 146 N. C., 655.

If the defendant did not know which stream he was charged with polluting, or the means alleged to have been used, he could have obtained specific information by asking for a bill of particulars, under section 3244 of the Revisal.

*621 Speaking o£ tbis question in S. v. Shade, 115 N. C., 757, Mr. Jusiice Avery says: “Tbe trend of judicial decision and tbe tendency of legislation is towards tbe practical view that objections founded upon mere matter of form should not be considered by tbe Court unless there is reason to believe that a defendant has been misled by tbe form of tbe charge, or was, not apprised by its terms of the nature of tbe offense which be was held to answer. Where tbe defendant thinks that an indictment, otherwise objectionable in form, fails to impart information sufficiently specific as to the nature of tbe charge, be may before trial move tbe court to order that a bill of particulars be filed, and tbe court will not arrest tbe judgment after verdict where be attempts to reserve bis fire until be takes first tbe chance of acquittal.”

Tbe motion was properly overruled.

No error.

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Bluebook (online)

72 S.E. 1071, 157 N.C. 619, 1911 N.C. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-corbin-nc-1911.

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