State v. Council
Supreme Court of North Carolina
ON petition to rehear. Petition dismissed.
1Opinion of the CourtOlakk, J.
The Attorney-General moves to dismiss the petition to' rehear on the ground that by the uniform practice of the Court, observed from its beginning till now, petitions to rehear are not allowable in criminal actions.
An appeal to this Court is a right. Not so as to a petition to rehear (Herndon v. Insurance Co., 111 N. C., 384; Solomon v. Bates, 118 N. C., 321), which is an appeal from this Court to itself and only allowable ex necessitata when there is no other possible relief from its judgment. In criminal actions, there is the fullest power vested in the Executive not only to relieve from a…
2Cases cited18 opinions
- State v. . GeeSupreme Court of North Carolina · 1885
- Baxter v. . WilsonSupreme Court of North Carolina · 1886
- State v. . WyldeSupreme Court of North Carolina · 1892
- State v. . LambertSupreme Court of North Carolina · 1885
- State v. . RoweSupreme Court of North Carolina · 1887
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3Cited by17 opinions
- State v. JonesSupreme Court of North Carolina · 2004
- Meadows v. United StatesCourt of Appeals for the Fourth Circuit · 1944
- State v. MaultsbySupreme Court of North Carolina · 1902
- State v. . UptonSupreme Court of North Carolina · 1915
- State v. RegisterSupreme Court of North Carolina · 1903
12 more not listed; retrieve them via the Exa API.