State v. . Paramore
Supreme Court of North Carolina
INDictmeNX for embezzlement, heard by Lyon, J., at April Term, 1901, of tbe Superior Oourt of Pitt Oounty. Defendants were indicted for embezzlement, and moved to quash tbe indictment, upon tbe ground that tbe grand jury bad been improperly constituted.
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INDictmeNX for embezzlement, heard by Lyon, J., at April Term, 1901, of tbe Superior Oourt of Pitt Oounty. Defendants were indicted for embezzlement, and moved to quash tbe indictment, upon tbe ground that tbe grand jury bad been improperly constituted. With reference to this matter, tbe Judge found tbe following facts: 1. William McLawhorn was summoned as a juror for April Term, 1907, and bis name was returned to tbe court by tbe Sheriff as a juror, with thirty-five other names, making thirty-six.in all on tbe jury list. When tbe court convened, William McLawhorn was one of tbe first…
1Opinion of the Court
Walkee, J\,
after stating the facts: The defendants, upon their arraignment, and before pleading, moved to quash the indictment and supported their motion by affidavits. This was substantially a plea in abatement, which is the proper and regular method of attacking the bill upon the ground stated in the record. State v. Haywood, 73 N. C., 437. Provision is made by the law for drawing and summoning jurors. Re-visal, secs. 1964, 1965, 1966 and 1976. The requirements of the law, with very rare exceptions, have been held by this Court to be directory. State v. Daniels, 134 N. C., 646; State v.…
2Cases cited6 opinions
- State v. . DanielsSupreme Court of North Carolina · 1904
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. . HaywoodSupreme Court of North Carolina · 1875
- State v. . BaldwinSupreme Court of North Carolina · 1879
- State v. . SharpSupreme Court of North Carolina · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WoodSupreme Court of North Carolina · 1918
- State v. . WoodSupreme Court of North Carolina · 1918
- State v. . MallardSupreme Court of North Carolina · 1922
- State v. . DavisSupreme Court of North Carolina · 1932
- State v. RobertsIdaho Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.