{
  "id": 8663348,
  "name": "STATE v. JOHN HETTRICK",
  "name_abbreviation": "State v. Hettrick",
  "decision_date": "1900-02-20",
  "docket_number": "",
  "first_page": "977",
  "last_page": "978",
  "citations": [
    {
      "type": "official",
      "cite": "126 N.C. 977"
    }
  ],
  "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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    "ocr_confidence": 0.373,
    "pagerank": {
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    "sha256": "f4f74be0d42bd255293b193618ad21be97929051b9ea1e02d0deee0cf4170d56",
    "simhash": "1:fe968f4c229e4901",
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  "last_updated": "2023-07-14T20:36:28.883277+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JOHN HETTRICK."
    ],
    "opinions": [
      {
        "text": "Faircloth, C. J.\nThe defendant was convicted and sentenced for violating the following ordinance of the town of Elizabeth City: \u2018All persons guilty of riotous and disorderly conduct, loud and boisterous cursing and swearing, or the use of vulgar or obscene language, indecent exposure of \u25a0person, or creating a disturbance within the corporate limits of the town; of trespassing or of delivering\u2019 or of sending insulting, vulgar or profane notes or cards, shall be arrested,\u201d \u25a0etc.\nThe charge made against the defendant was for unlawfully \u25a0and wilfully violating said ordinance \u201cby creating a disturbance within the corporation limits of the town, of Elizabeth City, contrary to the said ordinance,\u201d etc.\nIt will be observed that the ordinance specifies numerous offences, but the warrant alleges nothing except \u201ccreating a disturbance^ within the town limits. How and in what way o-r manner the disturbance Was created is not alleged, and therein the warrant, is fatally defective. A disturbance may .be created in many ways, but the accused, as of right, must be \u2022Informed of what act of his tire State complains, before entering his plea. Otherwise he is ill prepared to come and defend himself. The charge of committing a \u201cdisturbance <of divers citizens\u201d by noise in tire pnblic street does not set \u2022forth any criminal offense. If it is an offense, it is a miusance, and should be charged as such. Com. v. Smith, 6 Cusbing (Mass.), 80.\nJudgment arrested.",
        "type": "majority",
        "author": "Faircloth, C. J."
      }
    ],
    "attorneys": [
      "Messrs. F. F. Aydlelt, and P. E. Williams, for appellant.",
      ".Attorney-General Zeb. V. Walser, for the State."
    ],
    "corrections": "",
    "head_matter": "STATE v. JOHN HETTRICK.\n(Decided February 20, 1900.)\nWo/rrani under Town Ordinance of Elisabeth Qity \u2014 Creating \u00ab, Disturbance \u2014 Indefinite Charge.\nA warrant charging the creation of a disturbance, without specifying how it was done, within the corporate limits, is fatally defective-\nWARRANT under town ordinance for creating a- disturbance-, within the corporate limits of Elizabeth City, tried, on appeal from the Mayor\u2019s Court, before Stwrbuck, at Fall Term,, 1899, of the Superior Court of PasquotaNk County.\nThe defendant, on conviction, moved in arrest of judgments Motion denied. Judgment. Appeal by defendant to the \u25a0Supremo Court.\nThe town ordinance and the warrant are stated in the \u25a0opinion.\nMessrs. F. F. Aydlelt, and P. E. Williams, for appellant.\n.Attorney-General Zeb. V. Walser, for the State."
  },
  "file_name": "0977-01",
  "first_page_order": 1017,
  "last_page_order": 1018
}