State v. . Carland
Supreme Court of North Carolina
INDICTMENT for murder tried at Spring Term, 1884, of Hen-deesoN Superior Court, before Graves, J. This case was removed from Buncombe, and the whole record was made a part of the statement of the case on appeal. When the solicitor for the state announced his readiness for trial, the prisoner moved for his discharge upon the ground that he had heretofore been in jeopardy upon the same charge which he was then called upon to answer. Motion overruled, and the prisoner excepted.
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INDICTMENT for murder tried at Spring Term, 1884, of Hen-deesoN Superior Court, before Graves, J. This case was removed from Buncombe, and the whole record was made a part of the statement of the case on appeal. When the solicitor for the state announced his readiness for trial, the prisoner moved for his discharge upon the ground that he had heretofore been in jeopardy upon the same charge which he was then called upon to answer. Motion overruled, and the prisoner excepted. The prisoner then moved the court to adjudge upon the record that he had heretofore been tried and acquitted of the…
1Opinion of the CourtAshe, J.
The first three exceptions taken by the prisoner related to the right claimed by him to be discharged by conse-quence of the proceedings had, when he was theretofore on trial tinder the same bill of indictment, in the superior court of Buncombe county, before the case was removed to the county of Henderson. They embrace these grounds:
1. That he had theretofore been put in jeopardy of life for the same offence.
2. That he had been acquitted of every offence charged in the bill of indictment, and that he could not again be put on trial for any offence charged in the bill of indictment.
3. That he…
2Cases cited10 opinions
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . McGimseySupreme Court of North Carolina · 1879
- Lee v. . LeeSupreme Court of North Carolina · 1874
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3Cited by30 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . BensonSupreme Court of North Carolina · 1922
- State v. BealSupreme Court of North Carolina · 1930
- State v. Barrett.Supreme Court of North Carolina · 1903
- State v. . CreechSupreme Court of North Carolina · 1949
25 more not listed; retrieve them via the Exa API.