{
  "id": 11275466,
  "name": "THE STATE v. M. W. MARTIN",
  "name_abbreviation": "State v. Martin",
  "decision_date": "1890-09",
  "docket_number": "",
  "first_page": "904",
  "last_page": "904",
  "citations": [
    {
      "type": "official",
      "cite": "107 N.C. 904"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T15:31:37.064200+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE v. M. W. MARTIN."
    ],
    "opinions": [
      {
        "text": "MerrimoN, C. J.\nafter stating the facts: The statute (The Code, \u00a7 1082, as amended by the Acts of 1885, ch. 53) prescribes that \u201cIf any person shall wantonly and wilfully injure the personal property of another, he shall be guilty of a misdemeanor, whether the property be destroyed or not, and shall be punished by fine or imprisonment, or both, in the discretion of the Court.\u201d The indictment charges, in the very words of the statute, that the act was done \u201cwantonly and wilfully.\u201d It thus charges the essential and leading quality of the criminal offence created by the statute, and these terms sufficiently imply that the act was done unlawfully. Lawful acts are not done wantonly and wil-fully.\nAffirmed.",
        "type": "majority",
        "author": "MerrimoN, C. J."
      }
    ],
    "attorneys": [
      "The Attorney General, for the State.",
      "No counsel for the defendant."
    ],
    "corrections": "",
    "head_matter": "THE STATE v. M. W. MARTIN.\nInjury to Personal Property \u2014 Indictment.\nAn indictment for injury to personal property, under section 1082 of The Code, amended by chapter 53, Laws 1885, which charged that the act was \u201cwantonly and wilfully\u201d done, was not defective because it did not aver the act to have been unlawfully perpetrated.\nIndictment for Misdemeanor, tried at May Term, 1890, of Chatham Superior Court, Womack, J., presiding.\nThe indictment charges that the defendant \u201cwantonly and wilfully did injure five yards of cloth of the goods and chattels,\u201d etc. Upon the plea of \u201c not guilty,\u201d there was a verdict of \u201cguilty.\u201d The defendant moved in arrest of judgment, assigning as grounds of the motion that the indictment did not charge that the act was done \u201cunlawfully.\u201d The motion was denied, and the Court gave judgment against the defendant. He excepted and appealed to this Court.\nThe Attorney General, for the State.\nNo counsel for the defendant."
  },
  "file_name": "0904-01",
  "first_page_order": 940,
  "last_page_order": 940
}