State v. Wood
Supreme Court of North Carolina
Appeal from Ferguson, J., at December Term, 1917, of RaNdolph, by the defendant who was convicted of a secret assault with intent to kill W. Fernando Wood, a near relative, and sentenced to 12 months imprisonment. There is no allegation of error in the trial, but the appeal rests entirely upon assignments of error for a refusal of - a plea in abatement.
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Appeal from Ferguson, J., at December Term, 1917, of RaNdolph, by the defendant who was convicted of a secret assault with intent to kill W. Fernando Wood, a near relative, and sentenced to 12 months imprisonment. There is no allegation of error in the trial, but the appeal rests entirely upon assignments of error for a refusal of - a plea in abatement. The regular December term of Randolph should have opened on Monday, 3 December, 1917. At that time Hon. E. B. Cline, the judge holding the courts of the district, being still engaged in the trial of Gaston B. Means for murder in Cabarrus,…
1Opinion of the Court
Clare:, C. J.
There are no exceptions to tbe evidence or tbe charge or to tbe merits in any way. Tbe defendant’s exceptions are all based upon tbe plea in abatement, which are, as stated in tbe defendant’s brief, substantially as follows:
1. “Tbat tbe term should have begun on 3 December, 1917, and tbe sheriff bad power only to adjourn from day to day until the fourth day of tbe term, and if tbe judge did not appear tbe court should have been adjourned till tbe next term, and tbat tbe action of tbe court held tbe following week was therefore a nullity.”
Revisal, 1510, authorized tbe sheriff to…
2Cases cited21 opinions
- State v. . LewisSupreme Court of North Carolina · 1890
- State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- State v. . BarkerSupreme Court of North Carolina · 1890
- State v. LewisSupreme Court of North Carolina · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. McGowanSupreme Court of North Carolina · 1956
- State v. GastonSupreme Court of North Carolina · 1952
- State v. . StewartSupreme Court of North Carolina · 1925
- State v. DavisSupreme Court of North Carolina · 1932
18 more not listed; retrieve them via the Exa API.