State v. . Griffice
Supreme Court of North Carolina
OeimiNAl AotioN, charging an assault, with intent to commit rape, tried before his Honor, Judge ture, at the Fall Term-, 1875, of Pasquotank: Superior Court. All tbe facts pertinent to the points raised and decided in, this- court, are fully set out in the opinion of Justice ByNum. For certain reasons assigned, the defendant moved to quash the indictment. The court allowed the motion, and the Solicitor for the State appealed.
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OeimiNAl AotioN, charging an assault, with intent to commit rape, tried before his Honor, Judge ture, at the Fall Term-, 1875, of Pasquotank: Superior Court. All tbe facts pertinent to the points raised and decided in, this- court, are fully set out in the opinion of Justice ByNum. For certain reasons assigned, the defendant moved to quash the indictment. The court allowed the motion, and the Solicitor for the State appealed. The cbunsel for the defendant then moved, that the defendant be discharged from custody. His Honor refused to allow this motion, whereupon the defendant appealed.
1Opinion of the Court
ByNüM, J.
When the prisoner was being arraigned, and it was demanded of him whether he was guilty or not guilty of the crime charged, his counsel objected that he ought not to be called upon to answer, for that the indictment was not found by a legally constituted grand jury. The case states that “ this objection was waived for the moment, and the prisoner was arraigned and plead not guilty.” A motion was then made by the prisoner’s counsel to quash the indictment for the reason before alleged, and the following facts were found, and do not appear to have been disputed, to-wit: That the first…
2Cases cited2 opinions
- State v. . HaywoodSupreme Court of North Carolina · 1875
- Vanhook v. StateTexas Supreme Court · 1854
3Cited by26 opinions
- State v. . EmerySupreme Court of North Carolina · 1944
- State v. EmerySupreme Court of North Carolina · 1944
- State v. . LevySupreme Court of North Carolina · 1924
- State v. . CarlandSupreme Court of North Carolina · 1884
- State v. . HaywoodSupreme Court of North Carolina · 1886
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