Legal Opinion

State v. . Oliver

Supreme Court of North Carolina

Decided October 24, 1923PublishedCited by 19 opinions

1Opinion of the CourtAdams, J.

At common law, crimes of a local character could be prosecuted only in the jurisdiction in which they were committed, and the venue was laid in such county or district. It was ordinarily the duty of the prosecution to show that the offense was committed in the county in which the indictment was returned; otherwise, the defendant was entitled to an acquittal. 1 Archbold’s Or. Pr. & Pld., sec. 211; S. v. Carter, 126 N. C., 1011. But this rule has been changed by statute, and it is now provided that in the prosecution of all offenses it shall be deemed and taken as true that the offense was…

2Cases cited9 opinions

  1. Hubbard v. StateSupreme Court of Alabama · 1882
  2. Verberg v. StateSupreme Court of Alabama · 1902
  3. State v. . HaywoodSupreme Court of North Carolina · 1875
  4. State v. . HolderSupreme Court of North Carolina · 1903
  5. State v. . BaldwinSupreme Court of North Carolina · 1879

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3Cited by19 opinions

  1. State v. OvermanSupreme Court of North Carolina · 1967
  2. State v. MillerSupreme Court of North Carolina · 1975
  3. State v. BatdorfSupreme Court of North Carolina · 1977
  4. State v. . EverhardtSupreme Court of North Carolina · 1932
  5. Kisner v. StateCourt of Appeals of Maryland · 1956

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