State v. . Pemberton

Supreme Court of North Carolina

State v. . Pemberton

13 N.C. 281

DecidedDecember 5, 1829

StatusPublished

This text of 13 N.C. 281 (State v. . Pemberton) 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. . Pemberton, 13 N.C. 281 (N.C. 1829).

Pincite

Opinion

FROM ANSON. After a verdict for the State STRANGE, J., arrested the judgment, being of opinion that the fact charged as an offense was one which never could have existed in England, and, therefore, could not be deemed an offense at common law, as no law could be supposed to exist against that which could not be done. And as there was no statute prohibiting it, or if there was, as the indictment did not conclude contra formam, it could not be taken as an offense against the statute law.

From this judgment Mr. Solicitor Troy appealed. For the reasons given by the Judge below the judgment must be Affirmed. *Page 176

At the last session of the General Assembly, Thomas Ruffin, Esq., of Raleigh, was elected a Judge of this Court to supply the vacancy occasioned by the death of John Louis Taylor, Esq., late Chief Justice.

At the same session William J. Alexander, Esq., of Charlotte, was elected Solicitor of the Sixth Circuit, vice Joseph Wilson, Esq., who died during the recess. *Page 177

(283)

Free access — add to your briefcase to read the full text and ask questions with AI

FROM ANSON. After a verdict for the State STRANGE, J., arrested the judgment, being of opinion that the fact charged as an offense was one which never could have existed in England, and, therefore, could not be deemed an offense at common law, as no law could be supposed to exist against that which could not be done. And as there was no statute prohibiting it, or if there was, as the indictment did not conclude contra formam, it could not be taken as an offense against the statute law.

From this judgment Mr. Solicitor Troy appealed. For the reasons given by the Judge below the judgment must be Affirmed. *Page 176

At the last session of the General Assembly, Thomas Ruffin, Esq., of Raleigh, was elected a Judge of this Court to supply the vacancy occasioned by the death of John Louis Taylor, Esq., late Chief Justice.

At the same session William J. Alexander, Esq., of Charlotte, was elected Solicitor of the Sixth Circuit, vice Joseph Wilson, Esq., who died during the recess. *Page 177

(283)

Cite This Page — Counsel Stack

Bluebook (online)

13 N.C. 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pemberton-nc-1829.