State v. . Speaks
Supreme Court of North Carolina
MotioN for judgment of death against the prisoner, heard before Boykin, Judge, at August Term, 1886, of Ikedell Superior Court. The prisoner was charged with the crime of murder in a bill of indictment found by the grand jury at the Term of Iredell Superior Court, held on the fourth Monday before the first Monday in September, 1885, was put on trial, found guilty and sentenced to death at the succeeding term, held on the ninth Monday after the said first Monday in September.
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MotioN for judgment of death against the prisoner, heard before Boykin, Judge, at August Term, 1886, of Ikedell Superior Court. The prisoner was charged with the crime of murder in a bill of indictment found by the grand jury at the Term of Iredell Superior Court, held on the fourth Monday before the first Monday in September, 1885, was put on trial, found guilty and sentenced to death at the succeeding term, held on the ninth Monday after the said first Monday in September. Pie appealed to the Supreme Court, and after a careful examination of the numerous exceptions taken to the rulings of…
1Opinion of the Court
Sjiith, O. J.
(after stating the case). It is too plain a proposition to require support from argument or precedent, that whatever defences were set up, or could have been set up, upon the hearing of the former appeal, are conclusively determined in that adjudication, and are not reviewable in the present appeal. Controversies would never be settled if this practice were allowed, and successive appeals, but successive experiments, none finally disposing of the cause; Mabry v. Henry, 83 N. C., 298. As the defence now sought to be set up could as well have been made available when the first a¡>…
2Cases cited3 opinions
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Mabry v. . HenrySupreme Court of North Carolina · 1880
- State v. . MonroeSupreme Court of North Carolina · 1879
3Cited by15 opinions
- State v. . LewisSupreme Court of North Carolina · 1890
- In Re WinglerSupreme Court of North Carolina · 1950
- Izer v. StateCourt of Appeals of Maryland · 1893
- State v. Hatton Perry.Supreme Court of North Carolina · 1898
- State v. . TurnerSupreme Court of North Carolina · 1896
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