State v. Council West
Supreme Court of North Carolina
INDICTMENT for an assault, tried at Fall Term, 1873, of Cea-ven Superior Court, before his Honor Judge Clarice. On the trial the defendant pleaded “ former acquittaland it appeared that he had been arrested upon a warrant issued by a Justice of the Peace in the township where the offence was committed, at the instance of the person upon whom it was alleged the assault was committed.
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INDICTMENT for an assault, tried at Fall Term, 1873, of Cea-ven Superior Court, before his Honor Judge Clarice. On the trial the defendant pleaded “ former acquittaland it appeared that he had been arrested upon a warrant issued by a Justice of the Peace in the township where the offence was committed, at the instance of the person upon whom it was alleged the assault was committed. That a jury was empan-neled and the trial conducted according to law; and that the jury on that trial returned a verdict of “ not guilty.” No record of this trial was returned by the Justice to the Clerk’of the…
1Opinion of the CourtBynum, J.
This case was argued as if it was here upon a special verdict, but upon looking into the record we find such not to be the fact, but that the evidence of the State and the defendant was submitted to the j ury, and the Court having charged them they returned a verdict of not guilty.
When a defendant in a criminal action has once been tried and acquitted upon an indictment, good in form, no appeal lies even though the acquittal, is in consequence of the erroneous charge of the Judge upon the law. No man shall be twice vexed for the same offence. State v. Taylor, 1 Hawks, 462; State v. Credle, 63…
2Cases cited1 opinion
- State v. . CredleSupreme Court of North Carolina · 1869
3Cited by6 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. . SaverySupreme Court of North Carolina · 1900
- State v. . NicholsSupreme Court of North Carolina · 1939
- State v. . OstwaltSupreme Court of North Carolina · 1896
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