State v. . Pierce
Supreme Court of North Carolina
INDICTMENT for burning a gin house, tried before StarbneJc, J., at Fall Term, 1898, of the Superior Court of Union County. The indictment charged that the defendant did unlawfully, wilfully and feloniously set fire to and burn a certain gin house belonging to J. L. Bennett and in possession of one Gr. W. Bailey. The defendant was convicted. He moved for a new trial on the ground that during his absence from the court room the Court had proceeded with the trial.
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INDICTMENT for burning a gin house, tried before StarbneJc, J., at Fall Term, 1898, of the Superior Court of Union County. The indictment charged that the defendant did unlawfully, wilfully and feloniously set fire to and burn a certain gin house belonging to J. L. Bennett and in possession of one Gr. W. Bailey. The defendant was convicted. He moved for a new trial on the ground that during his absence from the court room the Court had proceeded with the trial. The facts were: That the Court had taken a recess, and on reassembling, the Court not noticing that the prisoner had not been brought…
1Opinion of the Court
Clakk, J:
The indictment charges that the defendant “did unlawfully wilfully and feloniously set fire to and burn a certain gin house, belonging to J. L. Bennett and in the possession of one G-. W. Bailey.” Verdict of guilty and defendant moved in arrest of judgment for that The Code, Section 985 (6) has been amended (Laws 1885, Chapter 66) by striking out the words “unlawfully and maliciously” and inserting in lieu thereof “wantonly and wilfully” and that the words used in the .indictment are not synonymous with those required by the amended statute. The objection would be well taken if this…
2Cases cited14 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- State v. . MasseySupreme Court of North Carolina · 1887
- State v. . PaylorSupreme Court of North Carolina · 1883
- Blackburn v. St. Paul Fire & Marine InsuranceSupreme Court of North Carolina · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. HuffSupreme Court of North Carolina · 1989
- State v. . DrySupreme Court of North Carolina · 1910
- Alley v. Howell.Supreme Court of North Carolina · 1906
- State v. . CherrySupreme Court of North Carolina · 1911
- State v. . BrownSupreme Court of North Carolina · 1942
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