Legal Opinion

State v. . Lane

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 21 opinions

INDICTMENT for Assault and Battery, tried at November Term. 1877, of Edgecombe Inferior Court, before H. G. Bourne, IF. T. CM and J. J. Battle, Justices of the Peace. The indictment charged the defendant and three others with an assault upon the prosecutor, and upon the trial the defen lant, Lane, pleaded former acquittal. This plea was sustained by the Court below, and the State appealed to this Court.

1Opinion of the CourtRodman, J.

1. The first .question presented is, — could the Slate appeal to any Court from the action of the Inferior Court which is set forth in the record ? The record proper states that the defendant pleaded a former acquittal and that the plea was considered by the Court, and then proceeds; “It is ordered and adjudged by the Court that the said plea be and is in all respects sustained.” Erom this judgment the Solicitor appealed to this Court. The case, which we consider a part of the record, after setting out the .evidence respecting the former trial, says, “ The Court thereupon instructed the jury…

2Cases cited1 opinion

  1. State v. . AlmanSupreme Court of North Carolina · 1870

3Cited by21 opinions

  1. Commonwealth v. SimpsonSupreme Court of Pennsylvania · 1932
  2. State v. . PowellSupreme Court of North Carolina · 1882
  3. State v. . OstwaltSupreme Court of North Carolina · 1896
  4. State v. RidenbaughIdaho Supreme Court · 1897
  5. State v. . SwepsonSupreme Court of North Carolina · 1880

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