State v. . Brown
Supreme Court of North Carolina
Indiotment for Larceny tried at April Term, 1879, of New Hanover Criminal Court, before Meares, J. The case states: This bill of indictment was sent to the grand jury at February term, 1879, of said court, and returned with the endorsement “not a true bill,” and signed by the foreman.
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Indiotment for Larceny tried at April Term, 1879, of New Hanover Criminal Court, before Meares, J. The case states: This bill of indictment was sent to the grand jury at February term, 1879, of said court, and returned with the endorsement “not a true bill,” and signed by the foreman. On a subsequent day of the same term the foreman consulted with the state solicitor, and was advised by him that the grand jury had the power to investigate the charge a second time, and return another bill against the defendant if the testimony was sufficient. The foreman then sent for and obtained the bill…
1Opinion of the CourtAshe, J.
The bill of indictment in this case was returned by the grand jury “not a true bill” at the February term, 1879, of the criminal court of New Hanover county. At the instance of the solicitor for the state, the grand jury during the same term of the court were induced to send for the bill and give it a second consideration, who after examining additional witnesses returned the same bill into court “ a true bill,” when upon motion of defendant’s counsel the bill was quashed by His Honor, and the solicitor appealed to this court.
We are aware that the practice has obtained in some if not all of…
2Cited by7 opinions
- State v. KingSupreme Court of North Carolina · 1962
- Gibson v. StateSupreme Court of Georgia · 1926
- State v. Ewing.Supreme Court of North Carolina · 1900
- State v. . HarrisSupreme Court of North Carolina · 1884
- State v. . LedfordSupreme Court of North Carolina · 1932
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