State v. . Smith
Supreme Court of North Carolina
IndiCtment for an Affray tried at Pall Term, 1878, of Yadicin Superior Court, before Graves, J. The facts necessary to an understanding of the case are embodied in the opinion of this court. Verdict of guilty, judgment, appeal by defendant.
1Opinion of the CourtDillard, J.
The defendant had the right before he was put to answer a charge of the state against hi m, to require that the accusation should be preferred, by a bill of indictment found by a grand jury composed of-men qualified as prescribed by law, and he was at liberty to avail himself of any want of qualification in the grand jury, in whole or part, when called on to plead. This is settled by the decisions of this court. State v. Griffice, 74 N. C., 316, and State v. Haywood, 73 N. C., 437.
When called on to make his defence the defendant pleaded in abatement of the bill, that Wm. Reaves, one of the…
2Cases cited3 opinions
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . HaywoodSupreme Court of North Carolina · 1875
- State v. LilesSupreme Court of North Carolina · 1877
3Cited by7 opinions
- State v. . HaywoodSupreme Court of North Carolina · 1886
- State v. . GardnerSupreme Court of North Carolina · 1889
- State v. . WatsonSupreme Court of North Carolina · 1882
- State v. . BowmanSupreme Court of North Carolina · 1907
- State v. CarlsonOregon Supreme Court · 1900
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