In such case a charge that the jury might convict on the first two counts, provided they thought defendants guilty under the third count is erroneous. Ib. DECLARATIONS MADE AFTER OFFENSE COMMITTED.-Declarations of one of a number of conspirators, who is not on trial, made after the offense had been committed, are inadmissible, because not made in furtherance of the common design. Dean, 35 (13 Ired.), 63.

JURISDICTION.--Where an inferior court is given concurrent jurisdiction with the superior court of the offense of conspiracy, and an act is passed giving the inferior court "exclusive original" jurisdiction of such offenses, the superior court still has jurisdiction to proceed to judgment on an indictment pending in that court at the time the act was passed. Distinguishing State v. Perry, 71-522. Littlefield, 93-614.

PUNISHMENT. A conspiracy to charge one with infanticide being only a misdemeanor at common law, is not punishable by imprisonment in the penitentiary. Jackson, 82-565.

WHAT IS A CONSPIRACY.-A combination by two or more to do any unlawful act, or one prejudicial to another, is indictable as a conspiracy. Younger, 12 (1 Dev.), 357.

DEGREE OF CONSENT. The least degree of consent or collusion between parties to an illegal transaction makes the act of one the act of the others. Anderson, 92-732.

ONE CONSPIRATOR GOING BEYOND ORIGINAL OBJECT.-If two persons conspire to vex, annoy, and commit unlawful acts upon a third, and in consequence of their unlawful plans one of them kills their victim, they are both responsible for such homicide, although their original object in conspiring together did not compass so great a crime. Finley, 118-1161.

STATUTE OF LIMITATIONS.-An indictment for a conspiracy to cheat and defraud is barred after two years. Christianbury, 44-46.

KILLING AIDING AND ABETTING.-It is not error in the court below, upon a trial under an indictment for murder, to refuse to instruct, "If the jury find that the deceased was slain by one of the prisoners, and are not satisfied beyond a reasonable doubt as to which one, the issue should be answered, "not guilty, when there is evidence that one of them may have been present aiding and abetting the other, and that the killing may have been in furtherance of a conspiracy between them. Kendall, 143-659.

Upon the trial under an indictment for murder, evidence is sufficient to go to the jury on the question of conspiracy which tends to show the association between the parties, the full knowledge of the defendants of the habits and belongings of the deceased, as having ready money; a conversation of one of the defendants in the presence of the other, with a third person, that he would give such person five dollars to get the deceased out in the woods, which was acted upon, the other defendant saying the deceased "said something he was going to make him take back"; that defendants soon followed deceased and witness into the woods, and coming upon them from a different direction, one of the defendants asked the deceased "what he was doing there," called deceased a vile name; one of the defendants had a pistol; the witness turned her back and ran off and soon heard a pistol shot; afterwards the deceased was found dead from the effects of a bullet hole which alone would have caused death and with his pockets turned wrongside out. Kendall. 143-659.

NOT NECESSARY TO SHOW INJURY.-The unlawful confederation is the gist of the offense, and it is not necessary to allege or show that any injury has been sustained. Christianbury, 44-48.

MEANS EMPLOYED.-An indictment for conspiracy need not set out the means by which the conspiracy was to be executed. Howard, 129-584.

A COMMON LAW OFFENSE.-Conspiracy is a crime of common law origin, and is not restricted or abridged by statute 33, Edward 1. Howard, 129— 584.

BOYCOTT-LABOR UNIONS.-An indictment charging that certain persons notified the prosecutor that he would not be considered in sympathy with organized labor if he employed other than union men, nor if he retained non-union men with whom he had already contracted a year in advance, and that, upon the refusal of the prosecutor to discharge the non-union men and not to agree to employ only union men, a notice was made in a newspaper that at a meeting of carpenters and joiners the attitude of the prosecutor was declared unfair toward organized labor and so listed, and that no union carpenter would work any material from the shop of the prosecutor after a given date, does not sufficiently charge a conspiracy. Van Pelt, 136— 633.

LAND ENTRIES EVIDENCE.-An indictment for conspiracy charging the object to be to defraud the citizens at large or particular individuals, out of their land entries, is not supported by evidence that defendants conspired "to make entries in the land office before it was opened, or before it was declared opened, or after it was opened, for the purpose of appropriating the lands to their own use and excluding others." Trammell, 24 (2 Ired.), 379.

IF CONSPIRACY SHOWN BOTH GUILTY.-In the absence of evidence of a conspiracy, if two persons are indicted for murder, and the jury are in doubt as to which struck the fatal blow, they should acquit both; but if a conspiracy has been shown they should both be convicted under such circumstances, for having conspired together to commit the crime they are both principals, and it is immaterial to inquire which of the two actually struck the blow. Finley, 118–1161.

DECLARATIONS OF ONE COMPETENT AGAINST THE OTHER. Where a conspiracy is shown to have existed the declarations of one conspirator are evidence against the others. Mace, 118-1244.

Where a conspiracy is proved, the acts of one of the associates in furtherance of that purpose, as well as his declarations in respect to the common design, are admissible against the others; and this where the act or declaration is subsequent to the actual perpetration of the crime. As to declaration see Dean (13 Ire.), 63. Haney, 19 (2 D. & B.), 390.

In a prosecution for conspiracy to defraud insurance companies a witness for the state testified that he was the agent of defendants to fraudulently obtain insurance on the lives of deceased or aged persons and find purchasers for the policies who would keep the premiums paid; that one B, who was not on trial, "was also the agent of the defendants; that they all said he was," and that witness saw B offer to sell a policy on the life of M: Held, that the declarations of B, made after the entry of defendants into the conspiracy, and up to the time when the overt act was committed, were admissible against defendants. Turner, 119-841.

SEDUCTION.-Conspiracy to seduce and defile a young unmarried woman is an indictable offense at common law. Powell, 121–635.

ACT CRIMINAL PFR SE.-A conspiracy to do an act that is criminal per se is an indictable offense at common law. Howard, 129–584.

SHAM MARRIAGES INDICTMENT.-An indictment charging three defendants with having conspired to procure sham marriages between two of them and two women is not had for duplicity. Wilson, 121-650.

A marriage pretendedly celebrated before an unauthorized person being a nullity and not capable of being legalized by consent, a conspiracy to pro

cure sexual intercourse with a woman through such pretended marriage is an indictable offence. Wilson, 121-650.

ACTUAL PERPETRATOR NEED NOT BE JOINED IN INDICTMENT.-Where the unlawful act, in furtherance of a conspiracy to defraud, is done in the state where the indictment is found, the conspirators who participated only in the design may be tried without joining in the indictment the perpetrator of the overt act. Turner, 119–841.

ACTS OF THOSE NOT INDICTED MAY BE SHOWN.-Where in a prosecution of several defendants for conspiring to defraud, evidence of a common design is shown, testimony tending to prove the unlawful acts of persons not indicted, in furtherance of the common design, is competent. Turner, 119–841.

ACQUITTAL OF ONE-EFFECT.—On indictment for conspiracy against two the acquittal of one is the acquittal of the other. Tom, 13 (2 Dev.), 570.

CONSTITUTION.

USE OF BICYCLE ON ROAD.-A statute forbidding the use of bicycles on a certain road, unless permitted by the superintendent of the road, is not unconstitutional. Yopp, 97-477.

ENACTING CLAUSE OF STATUTE.—A statute without the enacting clause, "The General Assembly of North Carolina do enact," is inoperative and void. Patterson, 98-660.

APPOINTMENT OF JUDGE.-Upon the death of one of the judges of the superior courts, and before the appointment of his successor, the governor has the authority, under Const. N. C., art. 4, section 11, to require one of the other judges to hold one or more specified terms of the court in the district assigned to the deceased judge. Davis, J., dissenting. Lewis, 107-967. The statute authorizing the governor to appoint special terms of the superior courts is not unconstitutional, and in appointing such special terms, the governor may commission a judge to hold a court for the trial of both eivil and criminal cases, though the judge who asked for a special term only certified an accumulation of civil cases. Ketchey, 70-621.

A judge who presides in another district by appointment of the governor is a de facto judge of the court so held, and all his acts in that capacity are valid. Turner, 119-841.

PROFANE LANGUAGE IN LIMITED LOCALITY.-An act of the legislature making it unlawful to use profane language in certain localities, being a police regulation, is not obnoxious to the constitution on the ground that it is not uniform and in effect over the whole state. Such police regulations may be limited in their operation to such localities as the legislature may prescribe, as in the case of the sale of seed-cotton, liquor and other things. Warren, 113-683.

An act of the legislature which makes it unlawful to use profane language to the disturbance of the peace on the lands of a certain cotton mill is not an undue interference with the freedom of speech guaranteed by the con stitution, although the language used falls short of being a nuisance. Warren, 113-683.

DISCRIMINATION BETWEEN COUNTIES.-A statute which discriminates between the different counties of the state as to the time when the payment of taxes can be compelled is not unconstitutional, since its provisions affect every one alike in the localities to which they are applicable and contain no violation of the principle of equal taxation. Jones, 121-616.

One state can not enforce the penal or criminal laws of another or punish crimes or offenses committed in and against another state. Hall, 114-909. FISHING IN NAVIGABLE WATERS.-The regulation of fishing in the navigable waters of the state is within the power of the legislature. Woodard, 123-710.

CRIME COMMITTED IN ANOTHER STATE.-The legislature of this state can not define and punish crimes committed in another state. Knight, 4 (Tay.), 44.

NINE MEMBERS OF GRAND JURY INSTEAD OF TWELVE.-An act of the legislature making the concurrence of nine members of the grand jury sufficient, is unconstitutional. Barker, 107-913.

SELECTION OF JURORS.-The method by which jurors are to be selected and summoned not being prescribed by the constitution, and no limitation therein upon the power of the general assembly to regulate, an exception to the validity of section 10, chapter 158, of the Private Laws of 1895, because the jurors were not drawn out of the box, but were summoned by the marshal as directed by the act, can not be sustained in a criminal action charging defendant with selling liquor in violation of section 9 of said act. Brittain, 143-668.

TRIAL BY JURY-APPEAL.-The defendant's rights, guaranteed by the constitution under an indictment for violating the provisions of chapter 158 of the Private Laws of 1895, are preserved to him when an unrestricted appeal from the mayor of the town is given him by the act and the trial in the superior court is de novo; alleged errors in the mayor's court may be disregarded on appeal to the supreme court. Brittain, 143-668.

CONTAGIOUS DISEASES.

Sec. 134 (3443). Householder failing to give notice of contagious disease. If a householder knows that a person within his family is sick with either smallpox, diphtheria, scarlet fever, yellow fever, typhus fever, or cholera, he shall immediately give notice thereof to the health officer or mayor, if he resides in a city or incorporated town, otherwise to the county superintendent of health, and upon the death or recovery or removal of such person, the rooms occupied and the articles used by him shall be disinfected by such householder in the manner indicated in printed instructions furnished by the secretary of the state board of health. Any person neglecting or refusing to comply with any of the above provisions shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one dollar nor more than fifty dollars.

1893, c. 214, s. 10.

Sec. 135 (3448). Physician and county superintendent to give notice of contagious diseases.

If a physician knows that a person whom he is called to visit is infected with smallpox, diphtheria, scarlet fever, typhus fever, yellow fever or cholera he shall immediately give notice thereof to the health officer or mayor, if the sick person be in a city or incor

porated town, otherwise to the county superintendent of health, and if he refuses or neglects to give such notice of it in twentyfour hours he shall be guilty of a misdemeanor and shall be fined for each offense not less than ten nor more than twenty-five dollars. And it shall be the duty of the said county superintendent, health officer or mayor receiving such notice of the presence of a case of smallpox, yellow fever, typhus fever or cholera within his jurisdiction to communicate the same immediately by mail or telegraph to the secretary of the state board of health. A failure to perform this duty for twenty-four hours after the receipt of the notice shall be deemed a misdemeanor and fined not less than ten nor more than twenty-five dollars.

1893. c. 214, s. 11.

Sec. 136 (3294). Contagious diseases; rules for prevention of.

If any person shall willfully violate any regulation made by the board of agriculture for the quarantine of infected animals or for the transportation of stock into this state, or for transporting stock from one section of the state to another section, or for the establishment and maintenance, in co-operation with the department of agriculture of the United States, of cattle districts or quarantine lines to prevent the infection of cattle from splenic or Spanish fever, Texas fever or other infectious or contagious diseases, he shall be guilty of a misdemeanor.

1901, c. 479, s. 4, b3.

CONTEMPT.

Sec. 137 (684). Disobedience of orders, contempt; punishment. If any person, party or witness, disobey an order of the court or judge or referee, duly served, such person, party or witness, may be punished by the judge as for a contempt. And in all cases of commitment under this subchapter, the person committed may, in case of inability to perform the act required, or to endure the imprisonment, be discharged from imprisonment by the judge committing him, or the judge having jurisdiction, on such terms as may be just.

Code, s. 500; C. C. P., s. 274; 1869-70, c. 79, s. 3.

Sec. 138 (939). What constitutes; common law repealed; appeals; duty of solicitor and attorney-general.

Any person guilty of any of the following acts may be punished for contempt:

1. Disorderly, contemptuous, or insolent behavior committed during the sitting of any court of justice, in immediate view and