State v. . Branch
Supreme Court of North Carolina
Criminal action certified to this Court in obedience to a writ of Certiorari, issued upon the petition of the defendant at the last term; an appeal having been refused by Moore, tT, at Spring Term, 1872, of Halifax Superior Court.
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Criminal action certified to this Court in obedience to a writ of Certiorari, issued upon the petition of the defendant at the last term; an appeal having been refused by Moore, tT, at Spring Term, 1872, of Halifax Superior Court. The facts, pertinent to the only question decided in this Court, as alleged in the defendant’s petition for a Certiorari, and contained in the “ case stated,” filed by his Honor, and sent up with the transcript of the record, are substantially: That at Spring Term, 1872, of Halifax Superior Court, an indictment, charging the defendant with having committed an…
1Opinion of the CourtPearson, C. J.
We will pass by the objection made to. the mode of instituting this proceeding, and also the point that the announcement of their finding by the grand jury, is, in contemplation of law, recorded at the instant it is announced, on the principle, that in a civil action the plaintiff' cannot take a non-suit after the jury has announced its verdict, for it is in law recorded eo instanti ; and the corollary drawn therefrom, that as the bill has been returned “ not a true bill,” the same bill, nor a bill charging the same offence cannot be passed on by the same grand jury.
We give no opinion on this…
2Cited by19 opinions
- In Re OliverSupreme Court of the United States · 1948
- State v. WetzelWest Virginia Supreme Court · 1914
- State v. . JacobsSupreme Court of North Carolina · 1890
- McCarthy v. Wayne Circuit JudgeMichigan Supreme Court · 1940
- Lawrence v. CommonwealthSupreme Court of Virginia · 1890
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