State v. Bobbitt
Supreme Court of North Carolina
INDICTMENT, Perjury, tried before Watts, J,at the Fall Term, 1873, of Wabeen Superior Court. The offence was charged in the following indictment : “ The jurors for the State upon their oath present, that at a.
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INDICTMENT, Perjury, tried before Watts, J,at the Fall Term, 1873, of Wabeen Superior Court. The offence was charged in the following indictment : “ The jurors for the State upon their oath present, that at a. Superior Court, holden for the eouñty of Warren, on the second Monday after the second Monday of February, A. D. 1872, at the Court House, in Warren ton, in said county, before the Honorable William A. Moore, Judge of tbe said Court, one Wiley G. Coleman and oiie George Bobbitt, were in duo form oí law tried upon a certain indictment, then and there pending .•against them,,by a certain…
1Opinion of the CourtPeaesoN, C. J.
A motion in arrest of judgment, rests on error apparent upon the face of the record. It follows no statement of the case by the counsel is called for. Such statement tends to confuse and does not in any way aid the Court. We are obliged to examine the whole record and pronounce judgment according to the very right and merits-apparent on the record.
The first ground for the motion in arrest is, that the indictment avers, “ it became a material question whether Bobbitt retreated thirteen or twel/oé steps before he struck Coleman.” It is true, the indictment need only to have averred, that it…
2Cited by2 opinions
- State v. . MooreSupreme Court of North Carolina · 1881
- State v. . SwepsonSupreme Court of North Carolina · 1880