State v. Robinson
Supreme Court of North Carolina
This was an INDICTMENT for carrying a concealed weapon, to-wit, a pistol, tried before Norwood, J., and a jury, at April Term, 1895, of BeuNSwioK Superior Court. The defendant pleaded not guilty and “former conviction.”
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This was an INDICTMENT for carrying a concealed weapon, to-wit, a pistol, tried before Norwood, J., and a jury, at April Term, 1895, of BeuNSwioK Superior Court. The defendant pleaded not guilty and “former conviction.” The jury found the following special verdict: “ That on the first day of March, 1895, in the County of Brunswick, the defendant had and carried concealed about his person while off his own premises a certain pistol as charged in the indictjnent; that at April Term, 1895, of this Court the said defendant was tried and convicted upon an indictment for an assault and battery…
1Opinion of the Court
ClakK, J.:
In State v. Stevens, 114 N. C., 873, it is said, “A single act may be an offence against .two statutes and if each statute requires proof of an additional fact, which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.” Accordingly it was there held that the same act of selling a single glass of liquor might be separately punished by the United States, by the State and by the City, if sold without a license from each. While the act is one the offences are different. State v. Yancey, 4 N.…
2Cases cited9 opinions
- State v. . NashSupreme Court of North Carolina · 1882
- State v. . StevensSupreme Court of North Carolina · 1894
- State v. . YancySupreme Court of North Carolina · 1814
- State v. . MorganSupreme Court of North Carolina · 1886
- State v. . EwingSupreme Court of North Carolina · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. BarefootSupreme Court of North Carolina · 1955
- State v. . MalpassSupreme Court of North Carolina · 1925
- State v. . MidgettSupreme Court of North Carolina · 1938
- State v. EllisSupreme Court of North Carolina · 1964
11 more not listed; retrieve them via the Exa API.