State v. . Patterson

4 S.E. 540, 98 N.C. 666

• Court: Supreme Court of North Carolina
• Decided: September 5, 1887
• Status: Published

Opinion

Smith, C. J.,

(after stating the case). The church is designated in the same terms in the statute and in the indictment, and in our opinion, concurring with that of the Judge, sufficiently points out the locality in which the offence was committed. There is and has been but one church in the county to which either name has been applied, and the difference between “ Rocky Knoll ” and “ Rocky Ridge,” as designating the location of the church, is too slender to produce any uncertainty in identifying it. The name is manifestly suggested by the nature of the land whereon the building has been erected, as a “Knoll” or Ridge, which in meaning closely approximate. Besides, some persons have heard it called by the name given in legislative act, and such must be the intention of the legislature in passing the act, upon the principle ut res magis %deat quam pereai.

There is no error, and the judgment is affirmed.

Affirmed.