State v. . Columbus Adair .
Supreme Court of North Carolina
This was an indictment tor the murder of W. IT. Stead-man alias Lee, tried before Cloud, Judge, at Fall Term 1871 of Henderson Superior Court : Polly Weston, the principal witness on the part ot the State,, swore that she was the wife of one Silas Weston, that she had four children, the deceased William Herbert Steadman alias Lee, being one of them.
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This was an indictment tor the murder of W. IT. Stead-man alias Lee, tried before Cloud, Judge, at Fall Term 1871 of Henderson Superior Court : Polly Weston, the principal witness on the part ot the State,, swore that she was the wife of one Silas Weston, that she had four children, the deceased William Herbert Steadman alias Lee, being one of them. That she lived with her husband and these children, in Rutherford county, N. C. That on the the night of the 26th of April last, about one hour in the night, she and three children had risen from the supper-table, leaving Silas Weston, her…
1Opinion of the CourtPeaesoN, C. J.
The main question in this case is, had the Judge the power to keep the jury together, until Wednesday of the third week, and then take their verdict, and give judgment against the prisoners ?
This depends upon the question, had the General Assembly the power to enact “in case the term of a Court shall expire while a trial for felony shall be in pr.ogr.ess, and before judgment shall be given therein, the Judge shall continue the term as long as in his opinion it shall be neeessary for the purposes of the case.” G. G. P., see. 397.
The want of power in the General Assembly to make this enactment…
2Cited by20 opinions
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1948
- S. v. . VannSupreme Court of North Carolina · 1913
- State v. . LambertSupreme Court of North Carolina · 1885
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- State v. . CunninghamSupreme Court of North Carolina · 1875
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