Legal Opinion

State v. . McGimsey

Supreme Court of North Carolina

Decided January 5, 1879PublishedCited by 26 opinions

PetitioN for a Writ of Certiorari filed by the prisoner and granted at January Term, 1879, of The Supreme Court. The record sent up in obedience to the writ shows that the prisoner was tried, for the murder of one Lawson Weaver, at Fall Term, 1878, of Buncombe Superior court, before Avery, J. The jury were discharged before verdict, and the following order entered of record: “The jury having been sworn and impannelled in this case on Thursday evening of the second and last…

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PetitioN for a Writ of Certiorari filed by the prisoner and granted at January Term, 1879, of The Supreme Court. The record sent up in obedience to the writ shows that the prisoner was tried, for the murder of one Lawson Weaver, at Fall Term, 1878, of Buncombe Superior court, before Avery, J. The jury were discharged before verdict, and the following order entered of record: “The jury having been sworn and impannelled in this case on Thursday evening of the second and last week of the term, and the trial having been commenced on said evening ánd lasted until 12 o’clock on Saturday night of…

1Opinion of the CourtAshe, J.

The question presented for the consideration of this court is, whether the court below had the right to discharge the jury who wereimpannelledin the case, and hold the prisoner for another trial.

It is a maxim of the common law that no person shall be twice put in jeopardy of life or liinb; and this principle founded in humanity has been incorporated in the constitution of the United States. It has been adopted and acted upon in our courts from the foundation of the government to the present time. We are aware that in many of the states there has been a strong tendency to ignore the maxim of…

2Cases cited7 opinions

  1. State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
  2. State v. . WisemanSupreme Court of North Carolina · 1873
  3. State v. . Prince .Supreme Court of North Carolina · 1869
  4. State v. . RickettsSupreme Court of North Carolina · 1876
  5. State v. . AlmanSupreme Court of North Carolina · 1870

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. . MooreSupreme Court of North Carolina · 1936
  2. Rodman v. Robinson.Supreme Court of North Carolina · 1904
  3. State v. . TrippSupreme Court of North Carolina · 1914
  4. Ex parte TiceOregon Supreme Court · 1897
  5. State v. MooreSupreme Court of North Carolina · 1936

21 more not listed; retrieve them via the Exa API.

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