State v. Mayhew
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at tbe April Term, 1910, of WayNE. Tbis is an appeal by tbe Commissioners of Union County from an order of bis Honor retaxing tbe costs or fees due tbe solicitor in above case.
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Appeal from 0. H. Allen, J., at tbe April Term, 1910, of WayNE. Tbis is an appeal by tbe Commissioners of Union County from an order of bis Honor retaxing tbe costs or fees due tbe solicitor in above case. Tbe following are tbe findings and judgment: 1. Tbat at January Criminal Term of Union County tbe solicitor sent a' bill of indictment before tbe grand jury, charging George Maybew and two others witb murder in tbe first degree, and tbat said indictment was returned into open court ,on Monday, 28 January, indorsed “A true bill.” 2. Tbat on 31 January at said term tbe solicitor afinounced…
1Dissent
Clark, C. J\,
dissenting. Rev., 2768, provides that the solicitors shall “receive the following fees and no other.” In the list is the following: “For every conviction upon an indictment which they may prosecute for a capital crime, $20.”
Rev., 3245, provides the form of indictment for murder and Rev., 3271, provides that the same form shall be used, whether it is murder in the first degree or murder in the second degree. In S. v. Ewing, 127 N. C., 555, it was held that the grand jury could not make the distinction by indorsement upon the bill, and in S. v. Hunt, 128 N. C., 589, it was said…
2Cases cited4 opinions
- State v. . HuntSupreme Court of North Carolina · 1901
- State v. Caldwell.Supreme Court of North Carolina · 1901
- State v. Ewing.Supreme Court of North Carolina · 1900
- Coward v. Commissioners.Supreme Court of North Carolina · 1904