State v. . Porter
Supreme Court of North Carolina
This is a CRIMINAL ACTION, tried before Clark, /., at Spring Term, 1888, of Wilkes Superior Court. The defendant is charged, by the finding of the Grand Jury at Spring Term, 1888, of the Superior Court of Wilkes, in an indictment of the following form: “The jurors for the State, upon their oath, present: That A. R. Porter, in Wilkes County, on the first day of December, 1887, did unlawfully and wilfully assault, beat and wound one Candace Porter with a deadly weapon, to-wit:…
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This is a CRIMINAL ACTION, tried before Clark, /., at Spring Term, 1888, of Wilkes Superior Court. The defendant is charged, by the finding of the Grand Jury at Spring Term, 1888, of the Superior Court of Wilkes, in an indictment of the following form: “The jurors for the State, upon their oath, present: That A. R. Porter, in Wilkes County, on the first day of December, 1887, did unlawfully and wilfully assault, beat and wound one Candace Porter with a deadly weapon, to-wit: a certain stick, to the great damage of the said Candace Porter, contrary to the statute in such cases made and…
1Opinion of the CourtSmith, C. J.
(after stating the case.) The indictment, as will be seen, is in the ordinary form, and in no way indicates the existence of the marital relation which existed between the parties to the assault. Its form must, therefore, be considered as if they were indifferent persons.
It has been repeatedly decided that to give the Superior Court jurisdiction, under the statute distributing the judicial power over smaller offences between the Superior and the Justices’ Courts (The Code, § 893), it is not necessary to the former’s taking cognizance of such as the Justices fail to assume jurisdiction over…
2Cases cited7 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1886
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . MooreSupreme Court of North Carolina · 1880
- State v. . RussellSupreme Court of North Carolina · 1884
- State v. . TaylorSupreme Court of North Carolina · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. PalmerSupreme Court of North Carolina · 1977
- State v. . PerrySupreme Court of North Carolina · 1946
- State v. PerrySupreme Court of North Carolina · 1946
- State v. . WatkinsSupreme Court of North Carolina · 1931
- State v. RorieSupreme Court of North Carolina · 1960
11 more not listed; retrieve them via the Exa API.