Edgecombe County NcArchives Court.....Henry Waller, State V. 1819
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 15, 2009, 5:54 pm

Source: Nc Reports
Written: 1819

The State v. Henry Waller

From Edgecombe

May Term 1819

Indictment charged, that Defendant was a common, gross, and notorious 
drunkard, and that he, on divers days and times, got grossly drunk. Judgment 
arrested, for

Private drunkenness is no offence by our municipal laws. It becomes so, by 
being open and exposed to public view, so as to become a nuisance. It must be 
so charged, and the Jury must so find it, before the Court can render Judgment.

The indictment charged, "that Henry Waller, late of the County of Edgecombe, 
yeoman, on 1 January, 1817, and on divers other days and times, as well before 
as afterwards, was, and yet is, a common, gross, and notorious drunkard, and 
that he, on the said first day of January, in the year aforesaid, and on 
divers other days and times, in the County aforesaid, did then and there get 
grossly drunk and commit open and notorious drunkenness, contrary to morality, 
to the great displeasure of Almighty God, and to the evil example of all 
others in like cases offending and against the peace and dignity of the State."

The Defendant submitted, and it was moved in arrest of judgment, that the 
offence, as charged in the indictment, was not indictable; and the case being 
sent to this Court.

Henderson, Judge: Private drunkenness is no offence by our municipal laws. It 
becomes so by being open and exposed to public view, to that extent that it 
thereby becomes a nuisance commune nocumentum; and that is a question of fact 
to be tried by a Jury. There being no charge in this indictment to that 
effect, the Jury has not, and could not pass on it; which being of the very 
essence of the crime, the judgment must be arrested.


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