State v. . Howard
Supreme Court of North Carolina
IndiotmeNT for Murder removed from Sampson County and tried at Fall Term, 1879, of Wayne Superior Court, before Eure, J. The prisoner was charged with the killing of Babel Au-trey, on the 24th of July, 1878. When the case was called for trial, and before a jury were selected and impaneled, the prisoner’s counsel moved to discharge the prisoner on the ground that the transcript from Sampson county showed that the judge who tried the case, in continuing the term for the…
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IndiotmeNT for Murder removed from Sampson County and tried at Fall Term, 1879, of Wayne Superior Court, before Eure, J. The prisoner was charged with the killing of Babel Au-trey, on the 24th of July, 1878. When the case was called for trial, and before a jury were selected and impaneled, the prisoner’s counsel moved to discharge the prisoner on the ground that the transcript from Sampson county showed that the judge who tried the case, in continuing the term for the purposes of the trial beyond the limit of the regular term, had adjourned the court from Saturday night to Monday morning. (On…
1Opinion of the CourtAshe, J.
The first exception was to the adjournment-, of the court from Saturday until Monday, while the jury had the prisoner in charge. Sunday, according to the usages and practice of our courts, is not a juridical day, and it was altogether proper that the court should have been adjourned over from Saturday until Monday. There has been some instances in the judicial proceedings in this state where the courts have held their session on Sunday, but the cases are rare, and wfhenever it has been done, exception, we believe, has generally been taken to the course of the court, upon the ground that it…
2Cases cited4 opinions
- State v. . RickettsSupreme Court of North Carolina · 1876
- State v. . McGimseySupreme Court of North Carolina · 1879
- State v. . ThorneSupreme Court of North Carolina · 1879
- State v. . WorthingtonSupreme Court of North Carolina · 1870
3Cited by10 opinions
- State v. . LevySupreme Court of North Carolina · 1924
- State v. LevySupreme Court of North Carolina · 1924
- State v. . BaileySupreme Court of North Carolina · 1920
- State v. . BaitySupreme Court of North Carolina · 1920
- West v. StateSupreme Court of Florida · 1907
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