State v. . Wise
Supreme Court of North Carolina
The prisoner was convicted of arson at Fall Term, 1871, of Crayen Superior Court. Judgment of death was pronounced. Prisoner appealed to the Supreme Court. At January Term, 1872, the judgment was arrested and the case remanded.
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The prisoner was convicted of arson at Fall Term, 1871, of Crayen Superior Court. Judgment of death was pronounced. Prisoner appealed to the Supreme Court. At January Term, 1872, the judgment was arrested and the case remanded. At Spring Term, 1872, the case being called, the Solicitor moved for judgment according to the Act of 1869. The prisoner moved for his discharge, and filed the following plea, to wit: The said Chaney Wise saith that the State ought not further to prosecute the indictment against him, and ought not to hear judgment, because heretofore, at Fall Term, 1871, of this Courts…
1Opinion of the CourtPearson, C. J.
When this case was before us, 66 N. C. 120, ■the motion for judgment of death was disallowed, on the ground that it could not be seen by the record, that the prisoner had been charged and convicted under the Act of 1871. On the argument of the present motion, it was conceded by the Attorney General, that the motion for judgment — confinement in the penitentiary, could not be allowed on the ground that it cannot be seen by the record, that the prisoner had been conyicted under the Act of 1869, and so no judgment can be pronounced, unless the plea (as it is termed) against the further…
2Cases cited1 opinion
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
3Cited by2 opinions
- State v. . WatkinsSupreme Court of North Carolina · 1888
- State v. . LongSupreme Court of North Carolina · 1878