Mallett v. North Carolina
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF NORTH CAROLINA. IN September, 1898, John P. Mallett and Charles B. Mehe-gan were indicted and tried in the criminal court of the county of Edgecombe, North Carolina, for conspiracy to defraud; They were convicted and sentenced to two years’ imprisonment in the common jail. They appealed to the Superior Court.
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ERROR TO THE SUPREME COURT OF NORTH CAROLINA. IN September, 1898, John P. Mallett and Charles B. Mehe-gan were indicted and tried in the criminal court of the county of Edgecombe, North Carolina, for conspiracy to defraud; They were convicted and sentenced to two years’ imprisonment in the common jail. They appealed to the Superior Court. The record was certified up by the clerk of the criminal court on April 1, 1899. The Superior Court reversed the verdict and judgment, and.granted a new trial. From this judgment of the Superior Court the- State appealed, on July 7, 1899, to the Supreme…
1Opinion of the CourtJustice Siiieas
Before considering the errors assigned by the plaintiffs in error to the judgment of the Supreme Court of North Carolina, it is proper that we should dispose of the motion made by the counsel for the State to dismiss the writ of error, on the alleged ground that the record does not disclose that any Federal question was raised in either of the courts in which the case was heard, and that no such question was raised.
It is, of course, obvious that there was no opportunity for the defence to raise in the criminal court the question as to the validity, as against the defendants, of the…
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