State v. Hall.
Supreme Court of North Carolina
INDICTMENT against George Hall, beard by Judge B. P. Long and a jury, at tbe August (Special) Term, 1906, of tbe Superior Court of Rowan. Tbe defendant was indicted for conspiring witb divers persons to break and enter tbe common jail of Rowan County, witb tbe intent to kill Nease Gillespie, John Gillespie and Jack Dillingham, therein confined as prisoners.
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INDICTMENT against George Hall, beard by Judge B. P. Long and a jury, at tbe August (Special) Term, 1906, of tbe Superior Court of Rowan. Tbe defendant was indicted for conspiring witb divers persons to break and enter tbe common jail of Rowan County, witb tbe intent to kill Nease Gillespie, John Gillespie and Jack Dillingham, therein confined as prisoners. “Before pleading to tbe indictment and before announcing bis readiness for trial, tbe defendant filed a plea to tbe jurisdiction of tbe Court, and moved tbe Court not to proceed witb tbe trial, and for tbe discharge of tbe defendant. Tbe…
1Opinion of the Court
Walkee, J.,
after stating tbe case: As we view tbe case there is but one question presented for our decision. When be was called upon to answer tbe indictment, tbe defendant entered what is called a plea to tbe jurisdiction of tbe Court, but in tbe formal statement of tbe grounds of bis objection to tbe further prosecution of tbe case, be does not, either in fact or in a technical sense, attack tbe jurisdiction of tbe Court, but be denies its right to proceed against him solely upon tbe ground that tbe Court was unlawfully called and organized, or, in other words, that it was not a court,…
2Cases cited7 opinions
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
- State v. . LewisSupreme Court of North Carolina · 1890
- Doe Ex Dem. Burke v. ElliottSupreme Court of North Carolina · 1844
- State v. . SpeaksSupreme Court of North Carolina · 1886
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3Cited by14 opinions
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