State v. . King
Supreme Court of North Carolina
INDICTMENT for a misdemeanor tried at Fall Term, 1879, of Stanly Superior Court, before Buxton, J. The defendant was charged with a violation of section 50, chapter 32 of Battle’s Revisal, in mismarking a hog. The case originated in Union county and was removed to Stanly for trial.
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INDICTMENT for a misdemeanor tried at Fall Term, 1879, of Stanly Superior Court, before Buxton, J. The defendant was charged with a violation of section 50, chapter 32 of Battle’s Revisal, in mismarking a hog. The case originated in Union county and was removed to Stanly for trial. The indictment contained three counts; (1) for altering the mark of one hog, the property of C. L. Helms ; (2) for defacing the mark of one hog, the property of said Helms; and (3) for mismarking one hog, the property of .said Helms. The defendant moved to quash the indictment for mis-joinder of counts for distinct…
1Opinion of the CourtAshe, J.
Tbe defendant's counsel, before pleading, moved to quash tbe bill of indictment on tbe ground that there were three counts in the bill, each for a separate and distinct offence. Rut each offence charged was a- misdemeanor, and the judgment upon conviction was the same in each case; and when that is so, several counts for different offences may be joined in the same bill. Whether for such a joinder of counts the courts will quash an indictment, is a matter entirely within their discretion. They may do so, when it is likely to embarrass the prisoner in his defence, but it is never a ground for…
2Cited by18 opinions
- State v. BrittSupreme Court of North Carolina · 1977
- State v. MacKSupreme Court of North Carolina · 1972
- State v. FosterSupreme Court of North Carolina · 1973
- State v. KnightSupreme Court of North Carolina · 1972
- State v. . McNeillSupreme Court of North Carolina · 1885
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