State v. . Swepson
Supreme Court of North Carolina
Petition for Certiorari, filed by the State and granted at June Term, 1879, of The Supeeme Couet. The indictment was found in Wake (see .same case, 79 N. C., 632)-and removed to Franklin for trial, and the case was called at Spring Term, 1879, of Feaniclin Superior Court, before Buxton, J. The facts are sufficiently set out by Mr. Justice Ashe in delivering the opinion.
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Petition for Certiorari, filed by the State and granted at June Term, 1879, of The Supeeme Couet. The indictment was found in Wake (see .same case, 79 N. C., 632)-and removed to Franklin for trial, and the case was called at Spring Term, 1879, of Feaniclin Superior Court, before Buxton, J. The facts are sufficiently set out by Mr. Justice Ashe in delivering the opinion. The state asked for an appeal from an order made by Plis Honor which was refused, and. the state then applied for a writ of certiorari to bring up the record for review. Certiorari a common law writ before appeal, first, to…
1Opinion of the CourtAshe, J.
This is a criminal- action commenced in the criminal court for the county of Wake. The bill of indictment was found by the grand jury of said court at the November term, 1878, and transferred to the superior court of Wake county.. At the January term, 1879, of the superior court of Wake county the case was called and the defendant pleaded “former acquittal” and “not guilty,” and without more appearing upon the record, in regard to these pleas, the cause was removed, upon the affidavit of the solicitor to the superior court of the county of Franklin; and at the spring term, 1879, of said court…
2Cases cited1 opinion
- State v. . ChavisSupreme Court of North Carolina · 1879
3Cited by16 opinions
- State v. . HaywoodSupreme Court of North Carolina · 1886
- State v. LewisWashington Supreme Court · 1903
- Johnston v. StateSupreme Court of Georgia · 1903
- State v. . FlowersSupreme Court of North Carolina · 1891
- Keefe v. District Court of Carbon CountyWyoming Supreme Court · 1908
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