Legal Opinion

State v. . Lambert

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 36 opinions

Indictment — Murder— Transcript of Record. — Eoiden ce— Challenge to Juror. This was an indictment for Murder, tried before Gilmer, Judge, at Spring Term, 1885, of Swain Superior Court. The case, on motion of the prisoner, had been removed from Jackson county to Swain county for trial.

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Indictment — Murder— Transcript of Record. — Eoiden ce— Challenge to Juror. This was an indictment for Murder, tried before Gilmer, Judge, at Spring Term, 1885, of Swain Superior Court. The case, on motion of the prisoner, had been removed from Jackson county to Swain county for trial. On the trial, oue Jones, examined as a witness for the State, testified substantially, that on the evening of the homicide, ten or a dozen persons met at his father’s house, which was near a public road, and some of them had liquor, and the most of them were drinking; that he found deceased at the house,…

1Opinion of the Court

Ashe, J.,

(after stating the case). We have carefully reviewed the record in this case, and find no error.

There was an exception taken by counsel for the prisoner, in this Court, that it did not appear in the transcript of the case from Jackson county to Swain county, where the trial was had, that it was certified under the official seal of the Superior Court of the former county.

The exception is untenable, for it is held, “the Court to which, on the removal of a cause, the transcript of the record is sent, is the sole judge whether the transcript is properly verified by the seal of the Court…

2Cases cited9 opinions

  1. State v. . GeeSupreme Court of North Carolina · 1885
  2. State v. . Harvey PerkinsSupreme Court of North Carolina · 1872
  3. State v. . DavisSupreme Court of North Carolina · 1877
  4. State v. . DavisSupreme Court of North Carolina · 1879
  5. State v. . JonesSupreme Court of North Carolina · 1879

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3Cited by36 opinions

  1. State v. CottonSupreme Court of North Carolina · 1987
  2. State v. . EmerySupreme Court of North Carolina · 1944
  3. State v. . LeaSupreme Court of North Carolina · 1932
  4. State v. JenkinsSupreme Court of North Carolina · 1977
  5. State v. . LevySupreme Court of North Carolina · 1924

31 more not listed; retrieve them via the Exa API.

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