State v. . Baker

Citations

• 11 S.E. 360
• 106 N.C. 758

Syllabus

<p>Amendment — Justice of the 'Peace— Warrant— Working Roads.</p> <p>1. The Superior and Criminal Courts have power to amend any warrant, process, pleading or proceeding begun before a Justice of the Peace, even after verdict and judgment; but where such amendment is made after verdict, it should be in conformity with evidence elicited on the trial.</p> <p>2. Where an amendment to a warrant was allowed after verdict, wherein facts were alleged not in the original, and the record did not show there had been any evidence introduced to support them: Held, that there was error, and a new trial oi’dered.</p> <p>3. A warrant charging simply that the defendant “ did refuse to work the public road, after being legally warned by P., supervisor, against the peace and dignity of the State,” is insufficient.</p>