State v. . Reid
Supreme Court of North Carolina
The defendant was convicted of forgery at Chatham, on the last Circuit, before his Honor Judge Norwood, when his counsel submitted a motion in arrest of judgment, under the following circumstances.
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The defendant was convicted of forgery at Chatham, on the last Circuit, before his Honor Judge Norwood, when his counsel submitted a motion in arrest of judgment, under the following circumstances. The record showed, that the indictment on which the prisoner was tried, was found in the Superior Court of Moore, at August Term, 1833; that he was arraigned thereon, and pleaded not guilty, at February Term, 1834; and that at the same term an order was made, upon the affidavit of the prosecutor, to remove the trial to Chatham. The record further stated, that at August Term, 1834, the Court of…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case as above, proceeded: — It may be true, that a cause cannot be removed for trial before it is at issue; since the object of removal is to have an impartial jury, and before an issue of fact, it cannot be known that the trial will be by a jury. It is certainly true, that after a cause has been removed from one Court to another, and is well constituted in the latter, there can be no further proceedings in the former. The jurisdiction cannot exist in both ; and that or the Court to which it is removed attaches, and necessarily ousts that of the Court…
2Cited by14 opinions
- Jones v. BrinsonSupreme Court of North Carolina · 1953
- State v. . FlowersSupreme Court of North Carolina · 1891
- Phebus v. SearchCourt of Appeals for the Eighth Circuit · 1920
- Freeland v. StateAlabama Court of Appeals · 1966
- State v. . CratonSupreme Court of North Carolina · 1845
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