State v. . Arnold
Supreme Court of North Carolina
This was an Indictment for Murder, tried before Whitaker, J., at Spring Term, 1890, of Washington Superior Court. The indictment was in the following words: “The jurors for the State, upon their oaths, present that Lloyd Arnold, late of the county of Washington, on the 9th day of June, 1889, at and in said county, with force and arms, in and upon one Sarah Arnold, then and there, in the peace of God and the State being, unlawfully and feloni-ously did make an assault, and…
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This was an Indictment for Murder, tried before Whitaker, J., at Spring Term, 1890, of Washington Superior Court. The indictment was in the following words: “The jurors for the State, upon their oaths, present that Lloyd Arnold, late of the county of Washington, on the 9th day of June, 1889, at and in said county, with force and arms, in and upon one Sarah Arnold, then and there, in the peace of God and the State being, unlawfully and feloni-ously did make an assault, and the said Lloyd Arnold, then and there, the said Sarah Arnold, unlawfully, feloniously and of his malice aforethought, did…
1Opinion of the Court
Clark, J.:
The books of Forms and Precedents usually insert the word “wilfully,” and sometimes the word “unlaw fully,” before the words “ feloniously and with malice afore: thought” in indictments for murder. While there are numerous decisions that the words “feloniously,” “with 'malice aforethought” and “murder” are essential to the validity of such indictments, and that their place cannot be supplied by the use of any other, it is not so as to the words “wilfully” and “unlawfully.” 1 Hale P. C., 466; Heydon’s case, 4 Co., 41a; 2 Bish. Cr. Pr., 546. Indeed, it has been expressly held that the…
2Cases cited6 opinions
- State v. . HarrisSupreme Court of North Carolina · 1890
- State v. . MooreSupreme Court of North Carolina · 1889
- State v. . KirkmanSupreme Court of North Carolina · 1889
- State v. . MacESupreme Court of North Carolina · 1882
- State v. . SprinkleSupreme Court of North Carolina · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. FrazierSupreme Court of North Carolina · 1972
- State v. . MaysSupreme Court of North Carolina · 1945
- State v. LoweSupreme Court of North Carolina · 1978
- State v. PattersonSupreme Court of North Carolina · 1973
- State v. GraysonSupreme Court of North Carolina · 1954
30 more not listed; retrieve them via the Exa API.