Willow's Case

Circuit Court of North Carolina

Willow's Case

1 N.C. 173

U.S. Circuit Court for the District of North Carolina·Decided July 1, 1793·Published

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.

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

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