Legal Opinion

State v. . Mitchell

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 16 opinions

INDICTMENT for an Assault and Battery tried at Spring '.Term, 1880, of Watauga Superior Court, before Gilmer, J. (During the trial, the defendant offered to prove that the ' Offence, df any,-was committed beyond the county line of 'Watauga and in the state of Tennessee, but the court upon -objection by the state refused to admit the testimony, unless the defendant would withdraw the plea of “not guilty"” and plead in abatement, which he declined to do.

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INDICTMENT for an Assault and Battery tried at Spring '.Term, 1880, of Watauga Superior Court, before Gilmer, J. (During the trial, the defendant offered to prove that the ' Offence, df any,-was committed beyond the county line of 'Watauga and in the state of Tennessee, but the court upon -objection by the state refused to admit the testimony, unless the defendant would withdraw the plea of “not guilty"” and plead in abatement, which he declined to do. And thereupon the court rejected the evidence and the defendant excepted. Verdict of guilty, judgment, appeal by defendant

1Opinion of the CourtAshe, J.

The ruling of His Honor seems to have been founded upon a misconception of the.act of 1854-55 — Bat. Rev. ch. 33, § 70. This case does not come within the purview of that statute. The mischief intended to be remedied by it was the difficulty encountered by the courts in effecting the conviction of persons who had violated the criminal law of the state, where the offence was committed near the boundaries of counties, which were • undetermined or unknown. And it often happened that where the boundaries were established and known, it was uncertain from the proof whether the offence was'Committed…

2Cited by16 opinions

  1. State v. OvermanSupreme Court of North Carolina · 1967
  2. State v. . LeaSupreme Court of North Carolina · 1932
  3. State v. RandolphSupreme Court of North Carolina · 1984
  4. State v. BatdorfSupreme Court of North Carolina · 1977
  5. State v. . LytleSupreme Court of North Carolina · 1895

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