{ "id": 8698408, "name": "STATE v. CHARLES HILL", "name_abbreviation": "State v. Hill", "decision_date": "1878-06", "docket_number": "", "first_page": "656", "last_page": "660", "citations": [ { "type": "official", "cite": "79 N.C. 656" } ], "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": [ { "cite": "4 Dev. & Bat. 107", "category": "reporters:state", "reporter": "Dev. & Bat.", "opinion_index": -1 }, { "cite": "2 Hayw. 162", "category": "reporters:state", "reporter": "Hayw.", "case_ids": [ 11971406, 6100254, 11971487 ], "opinion_index": -1, "case_paths": [ "/nc/3/0162-01", "/tenn/5/0398-01", "/nc/3/0162-02" ] }, { "cite": "64 N. C. 129", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8681797 ], "opinion_index": -1, "case_paths": [ "/nc/64/0129-01" ] }, { "cite": "78 N. C. 552", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8697848 ], "opinion_index": -1, "case_paths": [ "/nc/78/0552-01" ] }, { "cite": "2 Dev. & Bat. 35", "category": "reporters:state", "reporter": "Dev. & Bat.", "case_ids": [ 11274492 ], "opinion_index": -1, "case_paths": [ "/nc/19/0035-01" ] }, { "cite": "4 Dev. & Bat. 107", "category": "reporters:state", "reporter": "Dev. & Bat.", "opinion_index": 0 }, { "cite": "2 Hayw. 162", "category": "reporters:state", "reporter": "Hayw.", "case_ids": [ 11971406, 6100254, 11971487 ], "opinion_index": 0, "case_paths": [ "/nc/3/0162-01", "/tenn/5/0398-01", "/nc/3/0162-02" ] }, { "cite": "64 N. C. 129", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8681797 ], "opinion_index": 0, "case_paths": [ "/nc/64/0129-01" ] }, { "cite": "78 N. C. 552", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8697848 ], "opinion_index": 0, "case_paths": [ "/nc/78/0552-01" ] }, { "cite": "2 Dev. & Bat. 35", "category": "reporters:state", "reporter": "Dev. & Bat.", "case_ids": [ 11274492 ], "opinion_index": 0, "case_paths": [ "/nc/19/0035-01" ] } ], "analysis": { "cardinality": 417, "char_count": 6558, "ocr_confidence": 0.465, "pagerank": { "raw": 4.0132872046600076e-07, "percentile": 0.9062725278578018 }, "sha256": "07cae2446b6ac14720bdf6ce1c6bdd0a2614e5f26a89d888dfa6af5a4465108d", "simhash": "1:223254bc6fa177dc", "word_count": 1164 }, "last_updated": "2023-07-14T18:15:31.489401+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. CHARLES HILL." ], "opinions": [ { "text": "Smith, C. J.\n(After stating the case as above.) There-are numerous exceptions taken to the form of indictment and to the sufficiency of the evidence to sustain its allegations :\u2014\nThe first count is fatally defective at common law, in that, it fails to charge the injury to have been done to the cow, mischievously or from malice to the owner. State v. Scott, 2 Dev. & Bat. 35; State v. Helmes, 5 Ire. 364; State v. Jackson, 12 Ire. 329. Nor can\u00bbit be sustained under the statute for want of an averment that it was \u201c contrary to the form of the statute.\u201d\nThere vas no evidence that any cow was injured, belonging to Lee Samuel, and proof of the maltreatment of his ox does not support an allegation of maltreatment of his cow.\nThe running a heifer out of the field and beating her with sticks, with no proof of ownership, neither sustains the count nor constitutes a criminal offence.\nThe second count omits to charge an intent to drive the live stock from the range, or to injure the owner, or to impute any other unlawful intent. State v. England, 78 N. C. 552.\nThe live stock mentioned as the subject of the injury is alleged to be the property of Lee Samuel and others, while the testimony is that the ox belonged to Lee Samuel alone. This is-a fatal variance, not cured by the provisions of Bat. Rev. ch. 33, \u00a7 65. This section dispenses with the naming of all but a single owner, and permits, where there are several owners, the others to be designated by the super-added words \u201c and another,\u201d or \u201cand others,\u201d as there may be one or more of them. If there had been two or more owners besides Lee Samuel, the allegation of property would have been sustained ; but the proof of exclusive ownership in Lee Samuel, does not accord with either form of expression. This averment as descriptive of the thing injured,, must be true now as well as before the passage of the act, and the effect of a misdescription is equally fatal. State v. Harper, 64 N. C. 129; State v. Haddock, 2 Hayw. 162.\nLest it may be inferred that we have overlooked or intended to overlook it, we will notice briefly the objection to the quality of words used in describing the subject of the alleged injury: The indictment follows the language of the statute, and usually this is sufficient and proper. But the object of all indictments is to inform the person with what he is charged, as well to enable him to make his defence, as to protect him from another prosecution for the same criminal act. It should therefore be reasonably specific and certain in all its material averments, The term \u201c live stock \u201d is of very comprehensive import and includes many kinds of domestic animals, and it seems that the charge should be as specific as the proof adduced in its support must be. It is not always sufficient to pursue the words of the statute. It is made indictable to sell spirituous liquors by less measure than a quart, without license; but an indictment must allege to whom the liquor was sold. State v. Faucett, 4 Dev. & Bat. 107. So at the present term we have held that an indictment under the act of December 20th, 1873, amended by act of March 20th, 1875, must allege to whom the sale was made. State v. Pickens, ante 652. Again suppose the act which makes it larceny' to steal various kinds of growing crops which are particularly mentioned, had instead used the general words \u201c growing crops,\u201d it can not be doubted that a charge of stealing growing crops without further description 'would have been held insufficient to warrant' a judgment upon conviction. We have at this term decided that the word \u201c meat\u201d in an indictment for larceny was too indefinite. State v. Patrick, ante 655. But it is not necessary ,to decide the point, and it is adverted to with these suggestions to avoid misconception.\nError. Venire de novo. '", "type": "majority", "author": "Smith, C. J." } ], "attorneys": [ "Attorney General, for the State.", "No counsel in this Court for defendant." ], "corrections": "", "head_matter": "STATE v. CHARLES HILL.\nIndictment \u2014 Variance\u2014Ownership.\n1. Where an indictment for injuring a cow concluded at common law, and failed to charge the offence to have been committed \u201c mischievously or from malice to the owner;\u201d Held, to be fally defective.\n2. An indictment for injuring live stock under Bat. Rev., cb. 32, \u00a7\u00a7 94, 95, is defective, if it omits to conclude contra formam statuti, and to charge an unlawful intent \u2014 to drive the stock from the range, of to injure the owner.\n\u25a03. Upon the trial of an indictment for injury to live stock, it was held to be a variance :\u2014\nWhere the defendant was charged with injuring a cow, and the proof was that the animal injured was an ox;\nOr where the property was laid in \u201c L. S. and others,\u201d and the proof was that L. S. was the exclusive owner.\n4. In such case it is essentially necessary that there should be an averment describing the thing injured, and proof of ownership thereof.\n\u2022(Suggestion \u2014 Statutory offences. It is not always sufficient to follow the words of the statute. The charge should be as specific as the proof adduced in its support must be.)\n(State v. Scott, 2 Dev. & Bat. 35; Helmes\u2019 case, 5 Ire. 364; Jackson's, 12 Ire. 329; England's, 78 N. C. 552; Harper's, 64 N. C. 129; Haddock's, 2 Hayw. 162; Maucett\u2019s, 4 Dev. & Bat. 107, cited and approved.)\nIndictmeNT for injury to live stock under Bat. Rev., ck. 32, \u00a7 94, tried at February Term, 1878, of New Hanover Criminal Court, before Meares, J.\nThe indictment contains two counts, \u2014 tbe first count \u2022charges that defendant unlawfully, wilfully, and maliciously injured a cow belonging to Lee Samuel, and concludes at common law; the second count charges that he did, unlawfully and on purpose, kill, maim and injure live stock running at large in the range, the property of Lee Samuel, and others whose names are unknown, and concludes as required in statutory offences; The defendant pleaded not guilty, and on the trial the following facts were found by the State:\u2014 Lee Samuel owned an ox which got into a cultivated field of the defendant under an insufficient fence, and the defendant was heard to make violent threats against him. The defendant afterwards on two several occasions beat the ox while grazing in the marsh, and gave him numerous heavy blows with a large stick, by reason of which the ox was disabled for work for more than a month. A witness testified that at another time the defendant ran a heifer out of his field and beat her with a stick.\nAfter conviction the defendant moved for a new trial, and also in arrest of judgment, both of which motions were denied, judgment pronounced on the verdict, and the defendant appealed.\nAttorney General, for the State.\nNo counsel in this Court for defendant." }, "file_name": "0656-01", "first_page_order": 672, "last_page_order": 676 }