State v. . Turner
Supreme Court of North Carolina
INDICTMENT for conspiracy to defraud, tried before Graham, J., and a jury, at December, 1895, Special Term of the Superior Court of Jones County, to which it had been removed from the Superior Court of Carteret County. When the case was called for trial the Solicitor entered a nol pros, as to the defendants Stephen T. Turner and W. H. Turner.
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INDICTMENT for conspiracy to defraud, tried before Graham, J., and a jury, at December, 1895, Special Term of the Superior Court of Jones County, to which it had been removed from the Superior Court of Carteret County. When the case was called for trial the Solicitor entered a nol pros, as to the defendants Stephen T. Turner and W. H. Turner. The defendants objected to the trial of the said action by his Honor, Judge'Graham, upon the ground that he was not authorized to hold said special term of court, for the reason that he had held the regular term of said superior court in October, 1895,…
1Opinion of the Court
Avery, J:
The inhibition contained in the Constitution (Art, 4, Sec. 11) applies neither to the holding by any judge of the Superior Court of one or more regular t.ertns of said court by exchange with some other judge and with the sanction of the Governor, nor to the holding of special terms under the order contemplated in Section 913 of The Code. State v. Lewis, 107 N. C., 967; State v. Monroe, 80 N. C., 373 ; State v. Speaks, 95 N. C., 689. The intent of the framers of the Constitution was to change the then existing system under which all of the courts of a district were generally held by a…
2Cases cited11 opinions
- State v. . JacksonSupreme Court of North Carolina · 1880
- State v. . LewisSupreme Court of North Carolina · 1890
- State v. . PattersonSupreme Court of North Carolina · 1878
- People of North Carolina Ex Rel. Cloud v. . WilsonSupreme Court of North Carolina · 1875
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. CovingtonSupreme Court of North Carolina · 1976
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. . DavenportSupreme Court of North Carolina · 1947
- State v. DavenportSupreme Court of North Carolina · 1947
- State v. CareySupreme Court of North Carolina · 1974
16 more not listed; retrieve them via the Exa API.