State v. . Parker

91 N.C. 650

• Court: Supreme Court of North Carolina
• Decided: October 5, 1884
• Status: Published

Opinion

Ashe, J.

There is no error in the charge given by His Honor. No doubt the seventh section was omitted to be mentioned in the eighth section through inadvertence ; or, it may be, that it was a mistake in the printer. But be that as it may, it can make no difference, for there can be no doubt, as His Honor held, that the defendant is indictable at common law.

If a statute prohibit a matter of public grievance, or command a matter of public convenience, all acts or omissions contrary to the prohibition or command of the statute, being misdemeanors at common law, are punishable by indictment, if the statute specify no other mode of proceeding. Arch. Cr. Law 2; 2 Hawk., ch. 25, § 4. There is no other mode of proceeding specified in the act; ergo, the defendant is indictable at common law. Let this be certified, &c.

No error. Affirmed.