State v. . Cain
Supreme Court of North Carolina
From Martin. This was an indictment under the act of Assembly against fornication and adultery, and was founded upon a presentment of the Grand Jury. The bill was found by the same Jury that made the presentment upon the testimony, of some of their own body, none of whom were sworn in Court as witnesses. These facts were admitted hy the prosecuting officer, and the Court, on motion, Quashed the bill. The prosecuting ^officer appealed to this Court. ■
1Opinion of the Court
Hair, Judge.
The act of 1797, ch. 2, sec. 3, declares “that no person shall be arrested, or charged before any Court, on a presentment made by a Grand Jury, before the attorney acting for tiie State shall prepare a bill, and the bill be found by the Grand Jury to be a true bill.” It is the province of the Grand Jury to make presentments from the knowledge of any one of their own body, or from the testimony of any witness who may give evidence before them, having been sworn in Court, and sent to them by the Court, if they think fit no to do : and I think the proper construction of the act is,…
2Cited by8 opinions
- State v. ThomasSupreme Court of North Carolina · 1952
- State v. Sultan.Supreme Court of North Carolina · 1906
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. . LevySupreme Court of North Carolina · 1931
- State v. ColeSupreme Court of North Carolina · 1978
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