State v. . Ivey
Supreme Court of North Carolina
INDICTMENT for removal of crops, tried upon a motion to quash, at November Term, 1887, of the Superior Court of HaeNEtt, before Merrimon, J. On Tuesday, of the term of the Court, a bill of indictment was sent to the grand jury, and upon the examination of witnesses duly sworn before them, they returned the same into-Court “ a true bill.”' The Solicitor for the State conceded that this indictment was insufficient, did not charge the offence intended, and it-was quashed by the…
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INDICTMENT for removal of crops, tried upon a motion to quash, at November Term, 1887, of the Superior Court of HaeNEtt, before Merrimon, J. On Tuesday, of the term of the Court, a bill of indictment was sent to the grand jury, and upon the examination of witnesses duly sworn before them, they returned the same into-Court “ a true bill.”' The Solicitor for the State conceded that this indictment was insufficient, did not charge the offence intended, and it-was quashed by the Court. Thereupon, a fresh bill was sent to the grand jury on Thursday of the term, which they returned into Court “ a…
1Opinion of the Court
Mereimon, J.,
(after stating the case). In criminal pro ■cedure properly speaking, a presentment by a grand jury is tlie official notice, taken by them, of any criminal offence from their own knowledge or observation, or the same from any member of their body, or from the evidence of any competent witness duly sworn, given before them, or any proper evidence in the absence of a bill of indictment for the of-fence laid before them. It should be in writing, and contain a summary of the accusation, the names of the person or persons presented, and the names of the witnesses who can give evidence…
2Cases cited2 opinions
- State v. . LanierSupreme Court of North Carolina · 1884
- State v. . HarrisSupreme Court of North Carolina · 1884
3Cited by12 opinions
- People v. FolletteCalifornia Court of Appeal · 1925
- State v. ChanceNew Mexico Supreme Court · 1923
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. . LevySupreme Court of North Carolina · 1931
- State v. . WilcoxSupreme Court of North Carolina · 1889
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