State v. . Knotts
Supreme Court of North Carolina
Appeal by defendant from Bhaw, J., at August Term, 1914, of Meck-LENBURG. The prisoners were indicted below for a secret assault on A. 33. Moore and Neal Elliott, were convicted, sentenced to confinement in tlie State Prison for terms ranging from four to fifteen years, and have appealed from tbe judgment to tbis Court. The indictment charged that the four prisoners jointly committed the assault with pistols upon Moore and Elliott, shooting both of them.
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Appeal by defendant from Bhaw, J., at August Term, 1914, of Meck-LENBURG. The prisoners were indicted below for a secret assault on A. 33. Moore and Neal Elliott, were convicted, sentenced to confinement in tlie State Prison for terms ranging from four to fifteen years, and have appealed from tbe judgment to tbis Court. The indictment charged that the four prisoners jointly committed the assault with pistols upon Moore and Elliott, shooting both of them. The prisoners moved to quash the indictment, because it charged a secret assault by all the prisoners upon two persons named in the bill,…
1Opinion of the Court
WalKER, J.,
after stating the ease: The motion to quash was properly disallowed. It was based upon the ground of duplicity in the indictment, as the defendants were charged therein with a secret assault upon two persons, Neal Elliott and A. B. Moore. Motions of this kind are not favored. “The courts usually refuse to quash on the application of the defendant where the indictment is for a serious offense, unless upon tbe plainest and clearest grounds, but will drive tbe party to a demurrer, or motion in arrest of judgment, or writ of error,” as tbe case may require. S. v. Colbert, 75 N. C., at…
2Cases cited29 opinions
- Moore v. United StatesSupreme Court of the United States · 1893
- State v. Jarrell.Supreme Court of North Carolina · 1906
- State v. WilsonSupreme Court of North Carolina · 1897
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
- State v. . KendallSupreme Court of North Carolina · 1907
24 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- State v. WilkersonSupreme Court of North Carolina · 1978
- State v. BarnesSupreme Court of North Carolina · 1997
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. GoldbergSupreme Court of North Carolina · 1964
52 more not listed; retrieve them via the Exa API.