State v. . Keith
Supreme Court of North Carolina
MotioN to discharge a prisoner, beard before Gannon J., at Fall Term 1868 of tbe Superior Court of BüNCOMbe. The prisoner was held under seven different charges of murder. Tbe case stated that this was an indictment for the murder of Roderic Shelton, in Madison county in 1863, and had been removed for trial to Buncombe upon affidavit of the prisoner.
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MotioN to discharge a prisoner, beard before Gannon J., at Fall Term 1868 of tbe Superior Court of BüNCOMbe. The prisoner was held under seven different charges of murder. Tbe case stated that this was an indictment for the murder of Roderic Shelton, in Madison county in 1863, and had been removed for trial to Buncombe upon affidavit of the prisoner. The defendant by his counsel, moved the Court for his discharge, upon the ground that he was acting as an •officer in the Confederate States’ military service when the .alleged homicide took place, and he alleged that his case came within the…
1Opinion of the CourtRodman, J.
As several other indictments against the prisoner are somewhat loosely referred to in the transcript of the record sent to this Court; it is proper to say, that the indictment against him for the murder of Roderick Shelton, is the only one which appears to have been adjudicated in the Superior Court, and it is the only one which is in this Court. Our decision, and the observations made in this opinion are confined to that case.
Two questions arise on the record, and have been argued by counsel:
1. Did the prisoner, in a regular manner, claim the benefit ■of the Amnesty Act of 1866-167, ch. 3,…
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