Legal Opinion

State v. . Lee

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 1 opinion

ORDER for new trial made at October Term, 1884, of The Supreme Court. The solicitor for the state and"the counsel for the prisoners in the court below, joined in an application to the attorney-general to consent that a new trial may be granted in this case, stating that difficulties and inconveniences of a practical nature existed, to-wit, that counsel who prosecuted in the court below lived in different counties, the judge who tried the case was absent on another circuit,…

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ORDER for new trial made at October Term, 1884, of The Supreme Court. The solicitor for the state and"the counsel for the prisoners in the court below, joined in an application to the attorney-general to consent that a new trial may be granted in this case, stating that difficulties and inconveniences of a practical nature existed, to-wit, that counsel who prosecuted in the court below lived in different counties, the judge who tried the case was absent on another circuit, &c., and that in their opinion a correct statement of the case and assignment of errors could not be made in response to…

1Opinion of the CourtMerrimon, J.

At the last term of this court the prisoners in this action suggested a diminution of the record, that the case for this court on appeal had not been settled according to law, and moved that, the writ of certiorari be issued in their favor, commanding the clerk of the superior court to certify to this court a true and perfect transcript of the record, &c. The writ was granted returnable to the present term. State v. Lee, 90 N. C., 652.

The attorney-general now informs the court, that the case for this court upon appeal cannot for causes stated be settled, that he has carefully examined and…

2Cases cited2 opinions

  1. State v. . LeakSupreme Court of North Carolina · 1884
  2. State v. . LeeSupreme Court of North Carolina · 1884

3Cited by1 opinion

  1. State v. . BrewerSupreme Court of North Carolina · 1887

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