State v. . Cunningham
Supreme Court of North Carolina
Indictment for an assault and battery, tried before Gilmer, Judge, at Spring Term, 1886, of Macon Superior Court. The indictment was as follows, to-wit: “The jurors for the State, upon their oath present, that E. K. Cunningham, in Macon county, on the 22d day of September, 1884, in and upon one J. M. Davis, then and there with a certain deadly weapon, to-wit: a -, unlawfully and wilfully did make an assault, and him, the said J. M. Davis, there and then, unlawfully and…
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Indictment for an assault and battery, tried before Gilmer, Judge, at Spring Term, 1886, of Macon Superior Court. The indictment was as follows, to-wit: “The jurors for the State, upon their oath present, that E. K. Cunningham, in Macon county, on the 22d day of September, 1884, in and upon one J. M. Davis, then and there with a certain deadly weapon, to-wit: a -, unlawfully and wilfully did make an assault, and him, the said J. M. Davis, there and then, unlawfully and wilfully, did beat, wound and seriously injure, contrary to the form of the statute in such case made and provided, and…
1Opinion of the Court
Ashe, J.,
(after stating the facts). There is manifest error in the judgment of the Superior Court. First, for the reason that there was no plea filed by the defendant, and therefore no issue to be submitted to the jury, and consequently the verdict returned by them was a nullity; and it must follow as a necessary consequence, that no judgment could be pronounced upon such averdict; and, secondly, because the Superior Court had no jurisdiction of the case, unless the assault was committed more than six months prior to the finding of the bill of indictment, and no Justice of the Peace had, in…
2Cases cited4 opinions
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . MooreSupreme Court of North Carolina · 1880
- State v. . ReavesSupreme Court of North Carolina · 1881
- State v. . RussellSupreme Court of North Carolina · 1884
3Cited by24 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BealSupreme Court of North Carolina · 1930
- State v. . LuedersSupreme Court of North Carolina · 1938
- State v. . McKinnonSupreme Court of North Carolina · 1943
- Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
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