Legal Opinion

State v. . Bell

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 24 opinions

PbtxtioN for a Certiorari filed by the Prisoner and granted at June Term, 1879, of The Supreme Court. • The prisoner was put upon trial for murder at Spring Term, 1879, of Pitt Superior Court, before Seymour, J. After the jury were sworn and impaneled, His Honor upon the facts set out in the opinion of this court ordered a mistrial, refused to discharge the prisoner, and remanded him to jail to be held for another trial.

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PbtxtioN for a Certiorari filed by the Prisoner and granted at June Term, 1879, of The Supreme Court. • The prisoner was put upon trial for murder at Spring Term, 1879, of Pitt Superior Court, before Seymour, J. After the jury were sworn and impaneled, His Honor upon the facts set out in the opinion of this court ordered a mistrial, refused to discharge the prisoner, and remanded him to jail to be held for another trial. And thereupon the prisoner obtained a writ of certiorari to bring up the record and review the ruling of the court below. Upon the argument here, the state relied mainly upon…

1Opinion of the CourtAshe, J.

The prisoner was indicted at spring term, 1879, of the superior court of Pitt county, with Reuben Harris, for the murder of one John Briley. Harris was charged in the indictment as principal, and the prisoner as being present, aiding and abetting the said Harris in the said felony and murder. On their arraignment they plead not guilty, and a special venire was issued, and from those returned a jury of twelve men were drawn, sworn and impaneled to try the issue between the state and the prisoners.

After the jury were charged with the prisoners but before any evidence was offered by the state,…

2Cases cited6 opinions

  1. State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
  2. State v. . WisemanSupreme Court of North Carolina · 1873
  3. State v. . Prince .Supreme Court of North Carolina · 1869
  4. State v. . BaileySupreme Court of North Carolina · 1871
  5. State v. . McGimseySupreme Court of North Carolina · 1879

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3Cited by24 opinions

  1. State v. . BealSupreme Court of North Carolina · 1930
  2. State v. BirckheadSupreme Court of North Carolina · 1962
  3. State v. FullerSupreme Court of North Carolina · 1894
  4. State v. BealSupreme Court of North Carolina · 1930
  5. Ochs v. PeopleIllinois Supreme Court · 1888

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