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I think there was no necessity to conclude the indictment (455) against the form of the statute, for a law of paramount obligation to the statute was violated by the offense — the common law, founded upon the law of nature, and confirmed by revelation. The opinion I delivered in S. v. Boon,
1 N.C. 199 , remains unchanged, to which, and the effect of the act of 1817, as stated in S. v. Tackett,8 N.C. 216 , I beg leave to refer as containing the reasons wherefore in this case there ought to be judgment for the State.
Document Info
Citation Numbers: 9 N.C. 454
Judges: Taylor, Chief-Justice, Henderson, Hall
Filed Date: 6/5/1823
Precedential Status: Precedential
Modified Date: 10/19/2024