Legal Opinion

State v. . Alphin

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 8 opinions

Appeal from an Order in a Criminal Action made at Spring Term, 1879, of Wayne Superior Court, by Seymour, J. The facts are stated in the opinion. From the order made in the court below, Galloway, solicitor for the State, appealed.

1Opinion of the CourtAshe, J.

The defendant was tried at the fall term, 1878, of the superior court of Wayne county, for the offence of obtaining goods by false pretenses, and was convicted and sentenced, and after conviction he obtained a rule for a new trial; the rule was discharged, judgment pronounced and an appeal taken to this court.

Three weeks after the expiration of the fall term, 1878, of Wayne superior court, without the knowledge or consent of the solicitor, and without any notice to him, and while the judge was holding court in.another county,he, Judge McKoy, sent a paper to the clerk of the superior court of…

2Cases cited1 opinion

  1. Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873

3Cited by8 opinions

  1. State v. BooneSupreme Court of North Carolina · 1984
  2. State v. . HallSupreme Court of North Carolina · 1921
  3. State v. . BennettSupreme Court of North Carolina · 1885
  4. Turner v. HatchettCourt of Appeals of North Carolina · 1991
  5. Nationwide Mutual Insurance v. AndersonCourt of Appeals of North Carolina · 1993

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