State v. . Guilford
Supreme Court of North Carolina
This was a tbial for Mubdeb, tried before SauNDEbs, J., at the Fall Term, 1856, of Wake Superior Court. The prisoner was found guilty of murder, and amotion was made in arrest of judgment, but upon what grounds the record does not show. In this Court the prisoner’s counsel moved in arrest, upon the ground that it does not appear from the record that the bill of indictment, upon which the prisoner was tried, was found by a grand jury to be a true bill.
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This was a tbial for Mubdeb, tried before SauNDEbs, J., at the Fall Term, 1856, of Wake Superior Court. The prisoner was found guilty of murder, and amotion was made in arrest of judgment, but upon what grounds the record does not show. In this Court the prisoner’s counsel moved in arrest, upon the ground that it does not appear from the record that the bill of indictment, upon which the prisoner was tried, was found by a grand jury to be a true bill. That part of the record pertaining to this point, is so fully recited in the opinion of the Court, that it is not deemed necessary to set it…
1Opinion of the CourtPearson, J.
The prisoner’s counsel moved to arrest the judgment upon the ground that it does not appear from the record that the bill of indictment was found by the grand jury a true bill; and he insists that, for aught that appears, the prisoner may have been arraigned and tried upon an indictment which had never been passed on by a grand jury.
We think it does appear from the record, without the aid of any presumption, or intendment, that the indictment was passed on by the grand jury, and a true bill found. The record states, “ and thereupon by the oath of (18 persons, naming them,) “good and lawful…
2Cited by10 opinions
- State v. ThomasSupreme Court of North Carolina · 1952
- State v. Sultan.Supreme Court of North Carolina · 1906
- American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
- State v. McBroom.Supreme Court of North Carolina · 1900
- State v. . HarwoodSupreme Court of North Carolina · 1864
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