State v. . Latham

14 S.E. 390, 110 N.C. 490

• Court: Supreme Court of North Carolina
• Decided: February 5, 1892
• Status: Published

Opinion

Shepherd, J.:

We are of the opinion that his Honor was clearly right in holding that the defendant was not guilty. The Code, § 906, under which the indictment was drawn, does not provide that a Justice of the Peace shall make a report stating that he has had no .such final proceedings before him. If such had been the purpose of the Legislature, it would undoubtedly have said so. The statute only requires a return of such final criminal proceedings as may have been tried and disposed of. If no such proceedings have been had, how can the Justice furnish the Clerk “ with a list of the names and offences” of the parties tried before him?

We cannot stretch the plain letter of the law so as to make the failure to do an impossible thing an indictable offence.

Affirmed.