State v. . Jacobs
Supreme Court of North Carolina
The defendant was tried and convicted for murder at May Term. • 1889, of the Superior Court of RobesoN County. Prom the judgment then pronounced upon him he appealed. When the cause was reached in its regular order at last term of this Court, it was argued for the.State, but there was no counsel for the defendant. The Court considered the defendant’s exceptions, and affirmed the judgment of the Superior Court.
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The defendant was tried and convicted for murder at May Term. • 1889, of the Superior Court of RobesoN County. Prom the judgment then pronounced upon him he appealed. When the cause was reached in its regular order at last term of this Court, it was argued for the.State, but there was no counsel for the defendant. The Court considered the defendant’s exceptions, and affirmed the judgment of the Superior Court. Thereupon, the Governor' issued the warrant for the execution of judgment. The defendant, in fact, had escaped from custody and was at large when the cause was argued and determined in…
1Opinion of the Court
Avery, J.:
The exceptions taken by the defendant Jacobs-were reviewed at the last term of this Court in a well-considered opinion filed by Justice Clark, 106 N. C., 695. It now appears by certificate of the Clerk of the Superior Court of Robeson County, and is admitted by the Attorney General for the State, that, at the time when the appeal was-heard here, the prisoner Jacobs had escaped from custody and was not recaptured till about August, 1890. Counsel now insist that this Court shall treat the decision made at the February Term as inconclusive upon the prisoner and hear another argument of…
2Cases cited17 opinions
- Smith v. United StatesSupreme Court of the United States · 1876
- Hovey v. McDonaldSupreme Court of the United States · 1883
- Bohanan v. NebraskaSupreme Court of the United States · 1887
- People v. RedingerCalifornia Supreme Court · 1880
- State v. . MorrisSupreme Court of North Carolina · 1881
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3Cited by26 opinions
- Barber v. United StatesCourt of Appeals for the Fourth Circuit · 1944
- State v. BuchananSupreme Court of North Carolina · 1991
- State v. HudsonSupreme Court of North Carolina · 1992
- State v. . HartsfieldSupreme Court of North Carolina · 1924
- State v. HartmanSupreme Court of North Carolina · 1996
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