State v. . Collins
Supreme Court of North Carolina
Indictment for forgery and altering the forged paper tried before Bynum, /., and a jury, at September Term, 1894, of Wake Superior Court. On the first Thursday of the term the case was called for trial, and the defendant pleaded “ not guilty.” After empaneling a jury, a witness was sworn, and being asked to give the contents of the order alleged to have been forged, the defendant objected because the State had notserved an order on him to produce the order, etc.
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Indictment for forgery and altering the forged paper tried before Bynum, /., and a jury, at September Term, 1894, of Wake Superior Court. On the first Thursday of the term the case was called for trial, and the defendant pleaded “ not guilty.” After empaneling a jury, a witness was sworn, and being asked to give the contents of the order alleged to have been forged, the defendant objected because the State had notserved an order on him to produce the order, etc. The objection was sustained, and the Solicitor then announced that he could not get on with the prosecution without proving the…
1Opinion of the Court
Clark, J.:
A mistrial in a case not capital is . a matter of discretion. State v. Johnson, 75 N. C., 123. The plea of former jeopardy was therefore properly overruled. The second, third and fourth exceptions'are without merit. The questions objected to were asked for identification. It was competent for the State to show that the witness, whose name was W. W. Vass, was commonly known as “ Major Vass.” The charge in the bill was that the name forged in the order was “ Major Vass.” The proof was that the signature was “ Maj. Vase.” This is idem sonans and no variance. State v. Lane, 80 N. C.,…
2Cases cited34 opinions
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1888
- State v. . PattersonSupreme Court of North Carolina · 1842
- State v. . JohnsonSupreme Court of North Carolina · 1872
- Rowe v. PalmerSupreme Court of Kansas · 1883
- Gumm v. HubbardSupreme Court of Missouri · 1888
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3Cited by15 opinions
- State v. . UtleySupreme Court of North Carolina · 1943
- State v. . DonnellSupreme Court of North Carolina · 1932
- State v. DrakefordSupreme Court of North Carolina · 1913
- State v. UtleySupreme Court of North Carolina · 1943
- Pye v. StateCourt of Criminal Appeals of Texas · 1912
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