State v. Brickell.
Supreme Court of North Carolina
From Halifax. This was an indictment for an assault and battery tried in Halifax Superior Court, on which the Defendant had been convicted. A motion was made in arrest of judgment, for that it did not appear, either in the caption or any other part of the indictment, that it was taken before any Court in the State of North-Carolina.
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From Halifax. This was an indictment for an assault and battery tried in Halifax Superior Court, on which the Defendant had been convicted. A motion was made in arrest of judgment, for that it did not appear, either in the caption or any other part of the indictment, that it was taken before any Court in the State of North-Carolina. The caption and commencement of the indictment were as follows : “ IT rfn'r os ? Superior Court of Law, for the County of Halifax, 4th alJ "5 Monday after the 4th Monday of March, 1820. “ The Jurors for the State, upon their oath, present, that William' Brickell,…
1Opinion of the Court
Haau, Judge.
The Clerk of the Superior Court of Law for the county of Halifax and State ofNorth-Carolina, certifies the record sent up in this case, as a record of that Court, and that record has the following caption : “ State of North-Carolina, Halifax County, Superior Court of Law.” lie then sets forth the indictment, commencing in these words, “ Halifax County, Superior Court of Law, &c.” “ The Jurors for the State, upon their oath, &c.” It is insisted that the judgment should be arrested, because it is said, that in the caption of the indictment, it is not stated that the county of…
2Cited by2 opinions
- State v. . FrancisSupreme Court of North Carolina · 1913
- State v. BennettSupreme Court of North Carolina · 1967