Legal Opinion

State v. . Jones

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 12 opinions

Ikdictment for Larceny, tried at June Special Term, 1879, of Wake Superior Court, before Eure, J. The bill of indictment contained two counts, one for larceny and the other for receiving stolen goods. The jury returned a general verdict of guilty, and the defendant’s counsel moved in arrest of judgment on the ground that the. indictment contained two counts charging different offences with different punishments. The motion was overruled and the defendant appealed.

1Opinion of the CourtAshe, J.

It is urged in the_ argument of the defendant’s counsel before this court, that the two counts in the indictment cannot be joined because the punishment is different; that by article six, section one, of the constitution, all persons convicted of felony or any other crime infamous by the laws of the state are deprived of the right of suffrage, and by section five of the same article, all persons are disqualified for holding office who shall be convicted of trea son, felony or any other infamous'crime, and that this disqualification for office and loss of the right of suffrage are punishments…

2Cited by12 opinions

  1. State Ex Rel. Olson v. LangerNorth Dakota Supreme Court · 1934
  2. State v. MeshawSupreme Court of North Carolina · 1957
  3. State v. . AllenSupreme Court of North Carolina · 1889
  4. State v. . MorrisonSupreme Court of North Carolina · 1881
  5. Hargrove v. . HarrisSupreme Court of North Carolina · 1895

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