State v. . Thompson
Supreme Court of North Carolina
INDICTMENT for larceny, tried at Spring Term, 1880, of 'Chatham Superior Court, before Seymour, J. The defendant was indicted 'and tried hy a jury in the inferior court of Chatham-, The bill contained two- counts, one for larceny the other for receiving. The jury found him guilty of larceny only.
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INDICTMENT for larceny, tried at Spring Term, 1880, of 'Chatham Superior Court, before Seymour, J. The defendant was indicted 'and tried hy a jury in the inferior court of Chatham-, The bill contained two- counts, one for larceny the other for receiving. The jury found him guilty of larceny only. There was a motion- by defendant to arrest the-judgment, which- was overruled and the defendant was-sentenced to five years imprisonment in the penitentiary at hard- labor,from which judgment he appealed-to the superior court,-where at said term the case was- called for trial, and His Honor having…
1Opinion of the Court
Ashe, J,
The record irr this case presents’ two questions' for the Consideration of this court: 1. Whether a defendant who had been tried and convicted-by a. jury in the inferior court, upon his appeal to the superior court has a right t'o a trial by a jury de novo in that court ' and, 2. Whether there was error in the ruling of His Honor In remanding the case to be proceeded in according to law'.
The first question has been decided- at this term in the ease of State v. Ham, ante, 590, where it was held that on an appeal from the inferior to-the superior court from a judgment rendered in the…
2Cases cited3 opinions
- State v. . MurraySupreme Court of North Carolina · 1879
- State v. PowellSupreme Court of North Carolina · 1876
- State v. . WalkerSupreme Court of North Carolina · 1880
3Cited by2 opinions
- State v. . LanierSupreme Court of North Carolina · 1884
- State v. . HinsonSupreme Court of North Carolina · 1898