State v. . Beverly Jefferson
Supreme Court of North Carolina
This was an indictment for murder, tried at Warren Superior Court before Watts, Judge, Spring’ Term, 1871. The facts upon which the opinion of the Court is rendered, are set forth in the following extracts from the record sent to this Court.
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This was an indictment for murder, tried at Warren Superior Court before Watts, Judge, Spring’ Term, 1871. The facts upon which the opinion of the Court is rendered, are set forth in the following extracts from the record sent to this Court. “And afterwards, on Tuesday of the second week oí the said term, the ease is given to the jury at 10 P. M., and his Honor, the Judge presiding, instructing the Clerk to inform Mm by telegraph of the agreement or failure to agree of the jury before Saturday night following, departs on the said Tuesday night for his residence in Franklin county. And on…
1Opinion
The record of the Superior Court is now brought before us by writ ofcertiorari, and upon review this Court is of opinion, there is error. The prisoner is entitled to be discharged. By C. C. P., Sec. 397, it is enacted: "In case the term of a Court shall expire while a trial for felony, c., shall be in progress, and before judgment shall be given therein the Judge shall continue the term as long as in his opinion it shall be necessary for the purposes of the case." See State v. Adair, atthis term. By the cases, State v. Prince, 63 N.C. 529. State v. Alman64 N.C. 364, and State v. Baker, 65…
2Cases cited3 opinions
- State v. . Prince .Supreme Court of North Carolina · 1869
- State v. . AlmanSupreme Court of North Carolina · 1870
- State v. . BakerSupreme Court of North Carolina · 1871