State v. . Horton
Supreme Court of North Carolina
Affray, before Henry, Jat Watauga, Spring Term, 1869. The defendant moved to quash the indictment, and offered •to show that the endorsement, “ a true bill,” was entered by a mistake of the clerk of the grand jury, the finding having .really been “not a true bill.” His Honor directed the defendant to file a plea in abatement to that effect, which having been done the Solicitor ■demurred. Judgment for the defendant, and Appeal by the State.
1Opinion of the Court
Read®, J.
Undoubtedly one” can not be put on trial for-a. crime before a true bill has been found against him by the grand jury; and whether a true bill has been found, is, of course, a question of fact to be determined by the Court before the defendant can be required to appear and make defense. The indictment itself, with the endorsement of the grand jury, returned in open Court, is the usual evidence of the fact; and when the Court receives the indictment with the endorsement, it becomes a part of the judicial proceedings in the case, and the defendant is put on trial before the petit jury.…
2Cited by10 opinions
- United States v. KilpatrickDistrict Court, W.D. North Carolina · 1883
- Gitchell v. PeopleIllinois Supreme Court · 1893
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. . BowmanSupreme Court of North Carolina · 1907
- State v. . HarrisonSupreme Court of North Carolina · 1889
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