State v. . Newbury
Supreme Court of North Carolina
Indictment for forcible trespass, tried before Allen, J., and a jury at September Term, 1891, of Pender Superior Court. The facts are stated in the opinion. The defendants were convicted and appealed.
1Opinion of the Court
Montgomery, J.:
The motion in arrest of judgment on account of an alleged defective bill of indictment, made by the counsel of the defendants here, for the first time, is supported by a decision of this Court in State v. Roanoke R. & L. Co., 109 N. C., 860. The indictment does not follow the forms recommended in works on Criminal Indictments and Precedents but it is in the very words upon which the defendant was tried in the case of the State v. Buckner, 61 N. C., 558, and the court held that to be sufficient.
But the defendants are entitled to a new trial for error in the charge of the court.…
2Cases cited3 opinions
- State v. . BryantSupreme Court of North Carolina · 1889
- State v. . BucknerSupreme Court of North Carolina · 1868
- State v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1891
3Cited by7 opinions
- Taylor v. StanfordArizona Supreme Court · 1966
- Felber v. ThorpeArizona Supreme Court · 1918
- Crismon v. ChristmannArizona Supreme Court · 1934
- Foster v. BlackArizona Supreme Court · 1918
- State v. . ConderSupreme Court of North Carolina · 1900
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