State v. . Tisdale
Supreme Court of North Carolina
The defendant was indicted in the Superior Court of the county of Nash, for an assault and battery, upon one Cullen Floyd; and at the last term of the said court, in September, he plead a “ former conviction for the same oifence, in the County Court of Nash, at its August Term, 1836to which the Attorney-General, for the state, replied, that before the prosecution commenced in the County Court, to wit, at the Spring Term, 1836, of the Superior Court, the present bill was…
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The defendant was indicted in the Superior Court of the county of Nash, for an assault and battery, upon one Cullen Floyd; and at the last term of the said court, in September, he plead a “ former conviction for the same oifence, in the County Court of Nash, at its August Term, 1836to which the Attorney-General, for the state, replied, that before the prosecution commenced in the County Court, to wit, at the Spring Term, 1836, of the Superior Court, the present bill was found against the defendant, and that the prosecution had been since regularly kept up. To this replication the defendant…
1Opinion of the Court
Ruffin, Chief Justice.
It is not denied, on the part of the state, that a former conviction is generally a bar to another indictment for the same offence. But it is said, that it is not a bar, unless tpé court which gave the judgment had jurisdiction ; and that in this case, the County Court had none, because it attached, upon the finding of the bill,, in the Superior Court, and necessarily ousted that of the former court.
We do not accede to that inference : the finding of a bill does not confine the state to that single bill. Another may be preferred, and the party put to a trial on it,…
2Cited by8 opinions
- State v. ParkerSupreme Court of North Carolina · 1951
- Smithey v. StateMississippi Supreme Court · 1908
- State v. ClaytonSupreme Court of North Carolina · 1959
- State v. HowellSupreme Court of South Carolina · 1951
- United States v. Francisco Colorado CessaCourt of Appeals for the Fifth Circuit · 2017
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