State v. . Henderson
Supreme Court of North Carolina
. Indictment, charging the defendant with the murder of ■one Nimrod S. Jarrett, tried before Henry, J., at .a Court of Oyer and Terminer, under special commission, third Monday of December, 1872, in Jackson county, to which county it had been regularly removed from the county of Macon.
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. Indictment, charging the defendant with the murder of ■one Nimrod S. Jarrett, tried before Henry, J., at .a Court of Oyer and Terminer, under special commission, third Monday of December, 1872, in Jackson county, to which county it had been regularly removed from the county of Macon. The jury found “the defendant, the prisoner at the bar, guilty of the felony and murder of which he stands charged in the bill of indictment ” ; whereupon, his, the prisoner’s, counsel moved to arrest the judgment, upon the ground that the assault is alleged in the bill of indictment to have been committed on…
1Opinion of the CourtSettle, J.
In the bill of indictment against the prisoner for murder, the assault is charged to have been made upon “ one N. S. Jarrett.” In all the subsequent parts of the bill the deceased is described as “ the said Nimrod S. Jarrett.” After verdict, the prisoner’s counsel moved in arrest of judgment for the variance in the name of the person assaulted and the person murdered.
In State v. Angel, 7 Ired. 27, the Court say, the purpose offsetting forth the name of the person who is- the subject on which an offence is committed, is to identify the particular-fact or transaction, on which the indictment is…
Also in this document: Per curiam.
2Cases cited1 opinion
- State v. . Baker and OthersSupreme Court of North Carolina · 1869
3Cited by4 opinions
- State v. ScottSupreme Court of North Carolina · 1953
- State v. . BriteSupreme Court of North Carolina · 1875
- State v. . KetcheySupreme Court of North Carolina · 1874
- State v. HinesSupreme Court of Rhode Island · 1880