State v. Spivey.
Supreme Court of North Carolina
INDICTMENT against Vance Spivey, beard by Judge George A. J ones and a jury, at August Term, 1902, of the Superior Court of Halifax: County. From a verdict of guilty of murder in the first degree and judgment thereon, the prisoner appealed.
1Opinion of the CourtMontgomery, J.
The first exception is to the refusal of his Honor to quash the bill of indictment on the ground that one of the grand jurors, who acted in finding the bill, had a suit pending and at issue in the court. The summons was issued and made returnable to the term at which the bill was found, but no pleadings had been filed. The cause was not at issue when the bill was found and the case tried, and even if it had, afterwards, at the same term been brought to issue, under the decision of this court in State v. Smarr, 121 N. C., 669, the exception could not be sustained as the case would not be for…
2Cases cited5 opinions
- State v. . PottsSupreme Court of North Carolina · 1888
- State v. . HaywoodSupreme Court of North Carolina · 1886
- State v. . HaywoodSupreme Court of North Carolina · 1867
- State v. SmarrSupreme Court of North Carolina · 1897
- State v. . McNeillSupreme Court of North Carolina · 1885
3Cited by31 opinions
- State v. BarfieldSupreme Court of North Carolina · 1979
- State v. FaustSupreme Court of North Carolina · 1961
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. SparksSupreme Court of North Carolina · 1974
- State v. . BanksSupreme Court of North Carolina · 1907
26 more not listed; retrieve them via the Exa API.