State v. . England
Supreme Court of North Carolina
Ixihctment for Burning a Stable, tried at August Special Term, 1877, of Burke Superior Court, before Sehenck, -J. After the jury were impannelled, the Solicitor for the -State discovered that the bill of indictment was defective, and moved the Court to withdraw a juror and order a mistrial, insisting that as the offence charged was a misdemean- or, and as the defendant upon conviction would have a right to have judgment arrested, the Court should allow the motion.
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Ixihctment for Burning a Stable, tried at August Special Term, 1877, of Burke Superior Court, before Sehenck, -J. After the jury were impannelled, the Solicitor for the -State discovered that the bill of indictment was defective, and moved the Court to withdraw a juror and order a mistrial, insisting that as the offence charged was a misdemean- or, and as the defendant upon conviction would have a right to have judgment arrested, the Court should allow the motion. Ilis Honor being of the same opinion, withdrew a juror and a mistrial was entered. A new indictment was thereupon preferred…
1Opinion of the CourtBynum, J.
The principle is admitted that no person shall be subject for the same offence to be twice putin jeopardy of life or litnb, and upon the same principle no man shall be placed in peril of any legal penalties Inore than-once upon the same accusation for any criminal offence whatever. But there is no jeopardy and no peril where the indictment upon which he has been charged is defective. 4 Coke, 44; Whar. Cr. Law, §§ 587, 588.
The prisoner in our case was put upon his trial, and the jury impannelled and charged with his case, when upon the suggestion of the prosecuting officer that the indictment…
2Cases cited3 opinions
- State v. . WhiteSupreme Court of North Carolina · 1873
- State v. . DavisSupreme Court of North Carolina · 1877
- State v. . BishopSupreme Court of North Carolina · 1875
3Cited by9 opinions
- State v. MoseleySupreme Court of North Carolina · 1994
- State v. StanfieldSupreme Court of North Carolina · 1977
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . HillSupreme Court of North Carolina · 1878
- State v. . PierceSupreme Court of North Carolina · 1898
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