State v. . Roberts
Supreme Court of North Carolina
This was an indictment for murder, tried at Perqui-mons, on the last Circuit, before his Honor Judge Pearson. After the jury had returned a verdict of guilty, the prisoner’s counsel moved, in arrest of judgment, because it did not appear that the witness examined by the grand jury had been sworn in Court, as the endorsement upon the bill, “sworn and sent,” was tested by R. B. Thack, and not by Joseph B. Thack, the clerk of the Court; and the word “ clerk,” was not added to…
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This was an indictment for murder, tried at Perqui-mons, on the last Circuit, before his Honor Judge Pearson. After the jury had returned a verdict of guilty, the prisoner’s counsel moved, in arrest of judgment, because it did not appear that the witness examined by the grand jury had been sworn in Court, as the endorsement upon the bill, “sworn and sent,” was tested by R. B. Thack, and not by Joseph B. Thack, the clerk of the Court; and the word “ clerk,” was not added to the name of R. B. Thack upon the bill. There was no such person as R. B. Thack. Joseph B. Thack had qualified as clerk at…
1Opinion of the Court
Ruffin, Chief Justice.
If the objection which was made in this case, could be taken by way of motion in arrest of judgment, the ground of it, in point of fact, is entirely removed by the statement in the record, that the witnesses, on whose evidence the bill was found, were sworn by the Court on the bill, and sent with it to the grand jury. It is entirely competent to the Court at any time during the term to alter, by inserting into, or striking from the minutes, whatever may be necessary to make the record, when made up and enrolled, speak the truth ; and this Court can look only to the…
2Cited by6 opinions
- State v. Sultan.Supreme Court of North Carolina · 1906
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. . LevySupreme Court of North Carolina · 1931
- State v. . HarwoodSupreme Court of North Carolina · 1864
- State v. . McEntireSupreme Court of North Carolina · 1815
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