State v. . Taylor
Supreme Court of North Carolina
INDICTMENT for an Assault tried at Spring Term, 1880, of Hicrtfohd Superior Court, before Graves. J. The bill was found at fall term, 1879, andón the trial the defendant was convicted and moved in arrest of judgment, for that, the indictment failed to allege that a deadly weapon was used, that any serious damage was done, that six months had elapsed from the commission of the offence to the finding of the bill, or that the offence was committed within one mile of the court…
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INDICTMENT for an Assault tried at Spring Term, 1880, of Hicrtfohd Superior Court, before Graves. J. The bill was found at fall term, 1879, andón the trial the defendant was convicted and moved in arrest of judgment, for that, the indictment failed to allege that a deadly weapon was used, that any serious damage was done, that six months had elapsed from the commission of the offence to the finding of the bill, or that the offence was committed within one mile of the court during the session thereof, or any other fact which would give to the superior court jurisdiction. The judge refused the…
1Opinion of the Court
Smith, C. J,
In State v. Moore and State v. Hoover, decided at the last term, it is held to be unnecessary in order to support the jurisdiction of the superior court in an indictment for an assault, an assault and battery, of an affray, to aver in the bill that the offence was committed more than six months previously and that meanwhile no justice of the peace had taken official cognizance of it; and that this matter of defence-, like that arising under the statute of limitations, was available under the plea of not guilty. In one case the prosecution is defeated because it is begun too soon ;…
2Cases cited2 opinions
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
- State v. . Caudle and OthersSupreme Court of North Carolina · 1868
3Cited by8 opinions
- State v. . FrancisSupreme Court of North Carolina · 1913
- State v. . TaylorSupreme Court of North Carolina · 1881
- State v. . PorterSupreme Court of North Carolina · 1888
- State v. . ReavesSupreme Court of North Carolina · 1881
- State v. . BrinkleySupreme Court of North Carolina · 1927
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