Legal Opinion

State v. Bryant

Supreme Court of North Carolina

Decided October 11, 1972No. 28PublishedCited by 85 opinions

1Opinion of the Court

BRANCH, Justice.

Defendants’ first Assignment of Error is stated as follows: “Where a criminal defendant is not afforded a preliminary hearing and the Grand Jury returns a true bill of indictment based upon hearsay evidence alone, should the indictment be dismissed ?”

A preliminary hearing is not an essential prerequisite to the finding of a true bill of indictment in this State, and the absence of a preliminary hearing is not ground for quashal of an indictment. State v. Hartsell, 272 N.C. 710, 158 S.E. 2d 785; State v. Overman, 269 N.C. 453, 153 S.E. 2d 44; State v. Hargett, 255 N.C. 412, 121…

2Cases cited64 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  3. Duncan v. LouisianaSupreme Court of the United States · 1968
  4. Irvin v. DowdSupreme Court of the United States · 1961
  5. Bumper v. North CarolinaSupreme Court of the United States · 1968

59 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. State v. CovingtonSupreme Court of North Carolina · 1976
  2. State v. SmithSupreme Court of North Carolina · 1985
  3. State v. JarretteSupreme Court of North Carolina · 1974
  4. State v. WileySupreme Court of North Carolina · 2002
  5. State v. AverySupreme Court of North Carolina · 1985

80 more not listed; retrieve them via the Exa API.

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