State v. . Colbert
Supreme Court of North Carolina
INDICTMENT for Perjury, tried before Kerr, J., at Spring-Term, 1876, of Guilford Court. The prisoner was held to answer upon the following bill: “ The jurors for the State upon their oath present, that heretofore, to-wit, at an election opened and held in the city of Greensboro’, in the county of Guilford aforesaid, on the 6th day of August, A. D. 1875, for the purpose of electing members of a Constitutional, Convention, in the State aforesaid, which was bn the day and at…
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INDICTMENT for Perjury, tried before Kerr, J., at Spring-Term, 1876, of Guilford Court. The prisoner was held to answer upon the following bill: “ The jurors for the State upon their oath present, that heretofore, to-wit, at an election opened and held in the city of Greensboro’, in the county of Guilford aforesaid, on the 6th day of August, A. D. 1875, for the purpose of electing members of a Constitutional, Convention, in the State aforesaid, which was bn the day and at the place prescribed by law, for the purpose aforesaid, which said election was opened and held according to law, when…
1Opinion of the CourtReade, J.
Quashing indictments is not favored. It releases recognizances, and sets the defendants at large, where, it may be, he ought to be held to answer upon a better indictment. It is, however, allowable; and in cases where it puts an end to the prosecution altogether, it is advisable, as where it appears that the court has not jurisdiction, or where the matter charged is not indictable in any form. Mr. Chitty, in his criminal law, page 300, says: “ The courts usually refuse to quash on the application of the defendant where the indictment is for a serious offence, unless upon the plainest and…
2Cited by9 opinions
- State v. SturdivantSupreme Court of North Carolina · 1981
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. DavisSupreme Court of North Carolina · 1932
- State v. . FlowersSupreme Court of North Carolina · 1891
- State v. . SkidmoreSupreme Court of North Carolina · 1891
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