State v. . Sharp
Supreme Court of North Carolina
INDICTMENT for the larceny of corn, the property of Nelson Iiowell, with a count for receiving, heard on demurrer to a plea in abatement, at Spring Term, 1891, of Haywood Superior Court, before Brown, J. The defendants filed a formal plea, in which they ask that the indictment be quashed, for that, Kinsey Howell, a member of the grand jury that found the indictment, as they are informed, was a son of Nelson Howell, who is marked as prosecutor of said cause, and whose goods…
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INDICTMENT for the larceny of corn, the property of Nelson Iiowell, with a count for receiving, heard on demurrer to a plea in abatement, at Spring Term, 1891, of Haywood Superior Court, before Brown, J. The defendants filed a formal plea, in which they ask that the indictment be quashed, for that, Kinsey Howell, a member of the grand jury that found the indictment, as they are informed, was a son of Nelson Howell, who is marked as prosecutor of said cause, and whose goods are charged in the bill to have been taken, and that the said Kinsey Howell “actively engaged in finding said bill a true…
1Opinion of the Court
Avery, J.:
This is not a challenge to the array, but a motion to quash made before arraignment by plea in abatement, and founded 'upon the idea that a particular grand juror was disqualified because he is a son of the prosecutor, and that his incompetency vitiated the action of the whole inquisitorial body which found the indictment. It is well settled in this State that a plea in abatement, filed before the defendant has demurred or pleaded to the indictment, and founded upon the fact that a single member of the grand jury that returned it into Court was at the time disqualified by law to…
2Cases cited8 opinions
- People v. JewettNew York Supreme Court · 1829
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- State v. . HaywoodSupreme Court of North Carolina · 1875
- Case of TuckerMassachusetts Supreme Judicial Court · 1811
- State v. . GardnerSupreme Court of North Carolina · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Lascelles v. StateSupreme Court of Georgia · 1892
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- State v. OxendineSupreme Court of North Carolina · 1981
- Perry v. City of High PointSupreme Court of North Carolina · 1940
7 more not listed; retrieve them via the Exa API.