State v. . Mainor
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Robeson County, at the Spring Term, 1846, his Honor Judge Dick presiding. The two defendants, a man and woman, were indicted for committing the crime of fornication, by bedding and co-habiting together, without being married. They pleaded not guilty, and were put on their trial together, and the jury found Mainor guilty and Wilkes not guilty.
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Appeal from the Superior Court of Law of Robeson County, at the Spring Term, 1846, his Honor Judge Dick presiding. The two defendants, a man and woman, were indicted for committing the crime of fornication, by bedding and co-habiting together, without being married. They pleaded not guilty, and were put on their trial together, and the jury found Mainor guilty and Wilkes not guilty. Upon the motion of the defendant, Mainor, the judgment was arrested ; and the Solicitor appealed.
1Opinion of the CourtRuffin, C. J.
The Court holds, that after the acquittal of one of the defendants, there could be no judgment against the other. The crime charged on those persons could not be committed, but by both of them ; and upon a verdict, that one of them was not guilty, it appears conclusively that the other could not be. It is exactly like the cases of riots, conspiracies, and principal and accessary, which wc find in the books. Rex v. Sudburg and Heafs, Ld. Ray. 484, Salk. 493. State v. Tom, 2 Dev. 569. The farthest the Courts have gone is to allow one of the parties to be tried by himself and convicted, and then…
2Cited by5 opinions
- State v. . CutshallSupreme Court of North Carolina · 1891
- Woody v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. LillyWest Virginia Supreme Court · 1900
- State v. Simpson.Supreme Court of North Carolina · 1903
- State v. . CutshallSupreme Court of North Carolina · 1891