Legal Opinion

State v. . Brown

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 17 opinions

Indictment for highway robbery, tried before Hoke, J., and a jury, at Spring Term, 1893, of Edgecombe Superior Court. The defendant was convicted, and- appealed. The facts appear in the opinion.

1Opinion of the Court

Cbaek, J.:

Upon inspection of the transcript it appearing that, though the “case on appeal” recited that there was a verdict of guilty and judgment, the record proper failed to show that there had been a trial by jury and to set out the sentence of the Court below, this Court ex mero mota directed an instanter certiorari to suppl}1- the defect, which has now been done.

The indictment sets out two counts, one for highway robbery, second for an attempt to commit the same. The ver- diet found the defendant guilty on the first count. It is therefore unnecessary to consider the exception made to the…

2Cases cited6 opinions

  1. State v. . BurkeSupreme Court of North Carolina · 1875
  2. State v. . HarrisSupreme Court of North Carolina · 1890
  3. McCarty v. StateIndiana Supreme Court · 1891
  4. State v. . CodySupreme Court of North Carolina · 1864
  5. State v. . CowanSupreme Court of North Carolina · 1847

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. . SawyerSupreme Court of North Carolina · 1944
  2. State v. RogersSupreme Court of North Carolina · 1968
  3. State v. LawrenceSupreme Court of North Carolina · 1964
  4. State v. GuffeySupreme Court of North Carolina · 1965
  5. State v. . RatcliffSupreme Court of North Carolina · 1930

12 more not listed; retrieve them via the Exa API.

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