Legal Opinion

State v. . Perry

Supreme Court of North Carolina

Decided June 5, 1874PublishedCited by 8 opinions

INDICTMENT for fornication and adultly, tried before his Honor, Judge Watts, at the Spring Term, 1874, of Waee Superior Court. On tbe trial below, his Honor dismissed the indictment on motion of defendants holding that the Court did not have jurisdiction. Solicitor Cox appealed.

1Opinion of the CourtBodman, J.

The case is this: At January Term, 1874, of Wake Superior Court the defendants were indicted for fornication and adultery.

At February Term, 1874, the sheriff returned the capias against Biggs (the female defendant) not to be found, and that against Perry executed. Perry then moved to dismiss the cause and quash the indictment for want of j urisdiction in the Court to try it. His Honor allowed the motion, and judgment was entered accordingly, from which the State appealed.

Two questions are raised :

1. Whether the Court at February Term, 1874, had jurisdiction to try the action under the several…

2Cases cited1 opinion

  1. State v. . DavisSupreme Court of North Carolina · 1871

3Cited by8 opinions

  1. State v. . QuickSupreme Court of North Carolina · 1875
  2. State v. . LittlefieldSupreme Court of North Carolina · 1885
  3. State v. . FespermanSupreme Court of North Carolina · 1891
  4. State v. . UpchurchSupreme Court of North Carolina · 1875
  5. State v. McAdenSupreme Court of North Carolina · 1913

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