A charge that defendant "did make an assault" and "put in bodily fear and danger of his life," and "then and there feloniously and violently did seize, take and carry away ten dollars in money from the prosecutor," is an explicit allegation of force. Brown, 113–645.

The indictment may charge that the robbery was committed in the highway or near it. Anthony, 29 (7 Ired.), 234.

An allegation that the property was taken from the person and against the will of the owner, feloniously and violently, is sufficient. Cowan, 29 (7 Ired.), 239.

It is not necessary to specify to what points the highway led. Burke, 73-83.

WHAT IS A HIGHWAY-STREET.-A street is a public highway in which robbery may be committed. Cowan, 29 (7 Ired.), 239.

WHARF. A public wharf, merely as such and not being a part of a street, is not a highway. Cowan, 29 (7 Ired.), 239.

RAILROAD NOT A HIGHWAY.-A railroad is not a public highway within the meaning of a statute punishing robbery along a public highway with death. Johnson, 61 (Phil. Law), 140.

WHEN NEAR HIGHWAY.-Robbery is committed near a highway where the scene of the crime is within 50 or 75 yards of a county road, and in plain view thereof, though neither the prosecutor nor defendant knew of such road, and the prosecutor had not been enticed to leave a highway, and the parties had not gone to the place on any highway. Nicholson, 124-820.

Where the allegation is that the robbery was committed in the highway evidence that it was near the highway is not competent. Cowan, 29 (7 Ired.), 239.

MAY BE CONVICTED OF LARCENY.-A defendant indicted for robbery may be convicted of larceny. Nicholson, 124-820.

On indictment for a robbery, the defendant may, if the evidence justifies it, be acquitted of the robbery and convicted of larceny, since robbery includes larceny. Cody, 60 (Winst.), 197.

An averment, on indictment for burglary, that the breaking was with intent to steal is supported by proof that the entry was made with a purpose to commit robbery, since to rob implies to steal by force. Halford, 104-874.

NOT NECESSARY THAT OWNER SHOULD BE PUT IN TERROR.-It is not necessary to constitute robbery that the owner should be put in great terror, but it is sufficient if he was apprehensive of danger. Nicholson, 124-820.

VALUE NEED NOT BE GIVEN.--The value or description of the article taken is not material, and need not be set out in the indictment, since the gist of the offense is not the taking but a taking by putting in fear or by force. Brown, 113-645, Burke, 73-83.

JUDGE INTIMATING OPINION.-It was error for the court to ask in his instruction to the jury: "Were the defendants concealed in the bushes near the public highway?", etc., there being no evidence of such facts. Graham, 133-645.

STRUGGLE OVER NOTE DROPPED.-Where a note was accidentally dropped in handling and a person picked it up and refused to deliver it and a struggle ensues he is guilty of robbery. Trexler, 1-188.

RAILROAD NOT A HIGHWAY.-A railroad is not a public highway. Johnson, 61-140.

SAMPLES OF FOOD.

Sec. 920 (3452). Refusal to sell sample of food.

If any person who manufactures, sells or exposes for sale, any condiment, beverage, or article of food, shall, upon tender and full payment of the selling price, during business hours, fail or refuse to furnish to any person duly authorized by the board of agricul ture to secure a sample of such condiment, beverage or article of food for analysis, such sample for such use in sufficient quantity for analysis, he shall be guilty of a misdemeanor and be fined not exceeding one hundred dollars, or be imprisoned not exceeding one hundred days, or both, in the discretion of the court.

1899, c. 86, ss. 9, 10.

SAWDUST.

Sec. 921 (3382a). Sawdust in streams.

If any person shall throw sawdust into any stream, he shall be guilty of a misdemeanor and fined not more than fifty dollars or imprisoned not more than thirty days. This section shall apply to the following streams only: All streams in Pamlico county; Drowning creek and its tributaries in Montgomery, Moore, Richmond, Cumberland and Robeson counties; Banner Elk in Watauga county, Little river and its tributaries in Montgomery county; Marks creek and its tributaries in Wake county, above Wall's mill; all streams containing mountain or brook trout in Watauga, Cherokee, Clay, Macon and Haywood counties; all streams in Henderson, Transylvania and Madison counties; Rock creek in Burke county; all streams in Yancey county; McLellan's creek in Upper Little River township in Harnett county; North and South Muddy creeks in McDowell county; Black river and its tributaries in Black River township in Harnett county; all streams in Graham county except Tennessee river; and all creeks and rivers in Cherokee county; any stream in Davidson county (not to apply to mills erected prior to the eighth day of February, nineteen hundred and five); Brushy creek in Cleveland county; any stream in Anson, Macon, Swain and Warren; Wolf Island creek and its tributaries above Chandler's mill in Rockingham county; Clark's creek in Mount Gilead township in Montgomery county; any stream in Graham, Lincoln and Catawba counties; South Fork river and its tributaries in Burke county; any stream in Guilford county; North Fork of New river and its tributaries in

Ashe county; Clemmons branch and Griffith's creek in Forsyth county; any stream in Mitchell county which now contains mountain trout, or may hereafter be stocked by the government with any fish whatever.

1889, c. 52; 1895 (Pr.), c. 327; 1897, cc. 130, 285; 1899, cc. 285, 453, 656; 1901, c. 158; 1903, cc. 243, 245, 627, 711, 721, 741, 760; 1905, cc. 139, 191, 206, 214, 238, 247, 474, 578, 775, 776; 1907, c, 621.

SCHOOLS.

See also DISTURBING SCHOOL.

Sec. 922 (3833). Agents for sale of supplies not to be officers.

If any member of any board of directors, board of managers, board of trustees of any of the educational, charitable, eleemosynary or penal institutions of the state, or any member of any board of education, or any county or district superintendent or examiner of teachers, or any school trustee of any school or other institution supported in whole or in part from any of the public funds of the state, or any officer, agent, manager, teacher or employee of said boards shall have any pecuniary interest, either directly or indirectly, proximately or remotely, in supplying any goods, wares or merchandise of any nature or kind whatsoever for any of said institutions or schools; or if any of said officers, agents, managers, teachers or employees of said institution or school, or state or county officer shall act as agent for any manufacturer, merchant, dealer, publisher or author for any article of merchandise to be used by any of said institutions or schools; or shall receive, directly or indirectly, any gift, emolument, reward or promise of reward for their influence in recommending or procuring the use of any manufactured article, goods, wares or merchandise of any nature or kind whatsoever to any of the said institutions or schools, he shall be forthwith removed from his position in the public service, and shall upon conviction be deemed guilty of a misdemeanor and fined not less than fifty dollars nor more than five hundred dollars, and be imprisoned, in the discretion of the court.

1899, c. 732, s. 73; 1897, c. 543.

Sec. 923 (3834). Books; selling, at greater than contract price.

If any dealer, clerk, or agent shall sell any book adopted by the text-book commission for a greater price than the contract price

he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding fifty dollars.

1901, c. 1, s. 19.

Sec. 924 (3835). Buying supplies from interested officer.

If any county board of education or school committee shall buy school supplies in which any member has a pecuniary interest, or if any school officers or teachers shall receive any gift, emolument, reward or promise of reward for influence in recommending or procuring the use of any school supplies for the schools with which they are connected, such person shall be removed from his position in the public service and shall, upon conviction, be deemed guilty of a misdemeanor.

1901, c. 4, s. 69.

Sec. 925 (3836). Census returns, false.

If any person who is a member of the school committee of any district, as such, shall knowingly and willfully take false or inaccurate census, or make a false or inaccurate return or report to the county superintendent of public instruction of the number of children in his district between the ages of six and twenty-one, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined and imprisoned at the discretion of the

court.

1889, c. 353.

Sec. 926 (3837). Duty, failure of officer to discharge.

If any officer shall fail to perform any of the duties required of him, in regard to the appropriation or distribution of the fund to bring the schools up to a four months' term, or shall knowingly make any misrepresentation of facts in any report required of him in reference to such fund, he shall be guilty of a misdemeanor, and upon conviction shall be removed from his office and fined or imprisoned, in the discretion of the court.

1903, c. 751, s. 8.

Sec. 927 (3839). Treasurer failing to report.

If any treasurer of the county school fund shall fail to make reports required of him at the time and in the manner prescribed, or to perform any other duties required of him by law, he shall be guilty of a misdemeanor, and be fined not less than fifty dollars and not more than two hundred dollars, or imprisoned not less than

thirty days, nor more than six months, in the discretion of the

court.

1901, c. 4, s. 53.

Sec. 928 (3840). Witness failing to appear and testify.

If any witness shall willfully and without legal excuse fail to appear before the county board of education to testify in any matter under investigation by the board, he shall be guilty of a misdemeanor, and fined not more than fifty dollars or imprisoned not more than thirty days.

1901, c. 4, s. 15.

Sec. 929 (3440). Board of health to notify school committees of contagious diseases.

The boards of health of cities and towns wherever organized, and, where not, the mayors of the same, and in other cases the county superintendent of health, shall give the school committee of the city or town, the principals of private schools and the superintendent of public instruction of the county, when the schools are in session, notice of all cases of contagious diseases reported to them according to law. A failure to perform this duty for twentyfour hours after the receipt of the notice shall be deemed a misdemeanor, and subject the delinquent upon conviction to a fine of not less than ten nor more than fifty dollars.

1893, c. 214, s. 12.

Sec. 930 (3441). Children exposed to contagious diseases not to attend school.

The school committees of public schools, superintendents of graded schools, and principals of private schools shall not allow any pupil to attend the school under their control while any member of the household to which said pupil belongs is sick of either smallpox, diphtheria, measles, scarlet fever, yellow fever, typhus fever, cholera, mumps, whooping-cough, itch, or during a period of two weeks after the death, recovery or removal of such sick person; and any pupil coming from such household shall be required to present to the teacher of the school the pupil desires to attend a cer、 tificate from the attending physician, city health officer or county superintendent of health of the facts necessary to entitle him to admission in accordance with the above regulations. A willful failure on the part of any school committee, superintendent of a graded school or principal of a private school, to perform the duty required in this section shall be deemed a misdemeanor, and upon. conviction shall subject each and every member of the same to a