Legal Opinion

State v. . Gainus

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 9 opinions

INDICTMENT for assault with intent to kill, removed from Greene, and tried at Spring Term, 1881,'of Wayne Superior Court, before Graves, J. Verdict of guilty, judgment, appeal by defendant.

1Opinion of the CourtRuffin, J.

Of the many exceptions taken in the court below, two only were relied upon for the defendant in this court:

First: The transcript of the record in the case, after setting forth in the usual form that a superior court was holden for the county, the sheriff’s return of the venire, and the election and impanelling of the grand jury, proceeds as follows : “ It is presented in manner and form following, that is to say,” following which is a copy of the indiqtment against the defendant. It is insisted that the transcript is fatally defective, in that, it omits to state that the grand jury were in…

2Cases cited1 opinion

  1. Wall v. StateIndiana Supreme Court · 1864

3Cited by9 opinions

  1. State v. . WeaverSupreme Court of North Carolina · 1889
  2. State v. CampbellSupreme Court of Missouri · 1908
  3. State v. . McNeillSupreme Court of North Carolina · 1885
  4. State v. . BordeauxSupreme Court of North Carolina · 1885
  5. State v. LordSupreme Court of Missouri · 1893

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