State v. . Pool

Citations

• 10 S.E. 1033
• 106 N.C. 698

Syllabus

<p>Amendment— Working Road— Warrant.</p> <p>In the affidavit and warrant against a person for failing or refusing to work upon a public road, it was alleged that the defendant was “summoned for more than three days before the 18th day of September, 1889, to appear and work the ICeyser public road the 18th day of September, 1889, at 8 o’clock, a. m., * * * and that the defendant unlawfully failed to come or send a hand”: Held—</p> <p>1. The proceedings were fatally defective, in that they failed to set forth in what county the offence was committed; that the person summoning the defendant was overseer of that particular road; that the road was not sufficiently described; that the defendant was liable to work the public roads and had been assigned to that one, and that they did not negative the fact that defendant had paid the sum.</p> <p>2. The Court had power to permit the proceedings to be amended to conform to the facts.</p>