Willow's Case

Circuit Court of North Carolina

Willow's Case

1 N.C. 173

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 173 (Willow's Case) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willow's Case, 1 N.C. 173 (circtnc 1793).

Pincite

Opinion

Doderidge, J.

The indictment is well on that part: for it is said that Willow, being of evil same, &c. suit nocte vagrans. and this is to be intended communis nocte vagrans. At common law, every man may arrest a night-walker, and Rastal says that the statute of Winton is the common law; but he shall be dismissed if nothing suspicious appears: but it is otherwise here. Even if the indictment was good in part and bad in part, it would not be quashed.

Whitlock, J. assented.

Whereupon Willow was fined 40s.

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Doderidge, J.

The indictment is well on that part: for it is said that Willow, being of evil same, &c. suit nocte vagrans. and this is to be intended communis nocte vagrans. At common law, every man may arrest a night-walker, and Rastal says that the statute of Winton is the common law; but he shall be dismissed if nothing suspicious appears: but it is otherwise here. Even if the indictment was good in part and bad in part, it would not be quashed.

Whitlock, J. assented.

Whereupon Willow was fined 40s.

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Bluebook (online)

1 N.C. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willows-case-circtnc-1793.