State v. . Windsor Mason
Supreme Court of North Carolina
This was an indictment for an assault and. battery tried before Mitchell, Judge, at Fall Term 1871, of Wilkes Superior Court.
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This was an indictment for an assault and. battery tried before Mitchell, Judge, at Fall Term 1871, of Wilkes Superior Court. It was in evidence that the offense was committed on the 12th day of March 1869, and the bill of indictment was not sent until after the expiration of two yeas, from the commission of the offense, viz: on the 17th day of April 1871. To rebut the statute of limitations, (which was relied upon by the defendant) the state relied upon the fact that a warrant was issued and served upon the defendant on the 12th day of March 1871. The said warrant was returned before a…
1Opinion of the CourtBoydeN, J.
This was an indictment for assault and battery committed on the 12th day of March 1869; the indictment having been found, on the 17th day of March, 1871, more than two years after the commission of the alleged offence. The defendant relied upon the statute barring such indictment after two years. Tho State’s counsel to repel the lapse of time, offered in evidence, a States warrant taken out against the defendant for the same offense, by the prosecutor, dated the 12th day of March 1871, and this warrant upon the examination by the justice, was dismissed at the cost of the prosecutor.
In the…
2Cited by3 opinions
- State v. WrightCourt of Appeals of Kansas · 1997
- In the Matter of RobinsonCourt of Appeals of North Carolina · 1995
- Coley v. BellequeCourt of Appeals for the Ninth Circuit · 2007