State v. McCotter
Supreme Court of North Carolina
Appeal by. the State pursuant to G.S. 7A-30(2) from the decision of the Court of Appeals, reported in 24 N.C. App. 76, 210 S.E. 2d 91 (1974), which reversed the judgment entered by Exum, J., at the 25 February 1974 Session of the Superior Court of Craven.
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Appeal by. the State pursuant to G.S. 7A-30(2) from the decision of the Court of Appeals, reported in 24 N.C. App. 76, 210 S.E. 2d 91 (1974), which reversed the judgment entered by Exum, J., at the 25 February 1974 Session of the Superior Court of Craven. Defendant was convicted upon an indictment which charged that on 1 March 1973 he did “feloniously agree, plan, combine, conspire and confederate” with Jacqueline B. Graham to kill and murder Mary Patricia Elizabeth McGrath Waldo (Mrs. Waldo). The evidence for the State tended to show: On the night of 21 April 1973, Mrs. Waldo visited a…
1Opinion of the Court
SHARP, Chief Justice.
[1] In criminal practice arraignment is the formal act of calling a defendant by name to the bar of the court, informing him of the offense with which he is charged, demanding of him whether he is guilty or not guilty, and entering his plea. See Crain v. United States, 162 U.S. 625, 637-638, 16 S.Ct. 952, 956, 40 L.Ed. 1097, 1100 (1896) ; Ballentine’s Law Dictionary (1948 Ed.) ; Black’s Law Dictionary (Revised 4th Ed., 1968) ; 22 C.J.S., Criminal Law § 406 (1961).
In 1890, in Crain v. United States, supra, the Supreme Court reversed a felony conviction because the record…
2Cases cited11 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Garland v. WashingtonSupreme Court of the United States · 1914
- State v. . LuedersSupreme Court of North Carolina · 1938
- State v. ConradSupreme Court of North Carolina · 1969
- State v. RigsbeeSupreme Court of North Carolina · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. SmithSupreme Court of North Carolina · 1980
- State v. BrownSupreme Court of North Carolina · 1985
- State v. SmallSupreme Court of North Carolina · 1980
- State v. SquireSupreme Court of North Carolina · 1977
- State v. DietzSupreme Court of North Carolina · 1976
11 more not listed; retrieve them via the Exa API.