State v. . Shemwell
Supreme Court of North Carolina
Appeal by defendant from Bdy, J., at August Term, 1920, of Davidson. Tbe defendant was indicted on two counts, one for an assault witb a deadly weapon upon Wade IT. Phillips with intent to kill, and the other for an assault upon John C. Bower with a deadly weapon with intent to kill. Verdict of guilty, and judgment. Appeal by defendant.
1Opinion of the CourtClark, C. J.
As one of the prosecuting witnesses, J. C. Bower was the solicitor for the district, the presiding judge, February Term, 1920, appointed Z. I. Walser pro tern, to represent the State. He failed to sign the bill, but it was acted upon by the grand jury, who returned a true bill without such signature. The defendant excepted to the court’s refusal to quash the bill for such omission, and again excepted to the judge permitting Walser to sign the bill at August term, nunc pro tunc.
In S. v. Mace, 86 N. C, 670, Ruffin, J., said: “The signature of the prosecuting officer, while usually attached to…
2Cases cited7 opinions
- State v. . RileySupreme Court of North Carolina · 1893
- State v. Sultan.Supreme Court of North Carolina · 1906
- State v. Matthews.Supreme Court of North Carolina · 1906
- Cressler v. Asheville.Supreme Court of North Carolina · 1905
- State v. . UsserySupreme Court of North Carolina · 1896
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3Cited by14 opinions
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- State v. GastonSupreme Court of North Carolina · 1952
- State v. SellersSupreme Court of North Carolina · 1968
- State v. DoughtieSupreme Court of North Carolina · 1953
- State v. ParkerSupreme Court of North Carolina · 1951
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