State v. . Phillips
Supreme Court of North Carolina
Indictment — Election of Counts — Deadly Weapons — Serious Injury — Jurisdiction—Former Conviction. This was an Indictment for an Assault and Battery, tried at the January Term, 1889, of the Superior Court of Ron-ESON County, Merrimon, J., presiding. There were two counts in the indictment.
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Indictment — Election of Counts — Deadly Weapons — Serious Injury — Jurisdiction—Former Conviction. This was an Indictment for an Assault and Battery, tried at the January Term, 1889, of the Superior Court of Ron-ESON County, Merrimon, J., presiding. There were two counts in the indictment. The charge in the first count was, “ that Eli Phillips and Daniel Phillips, late of * * * &c., in and upon one W. R. Butler with a certain deadly weapon, to-wit, with a dub, unlawfully,” &c. In the second count it w'as charged, “that said Eli Phillips and Daniel Phillips, on the day and year aforesaid,…
1Opinion of the CourtAvery, J.
— after stating the facts: The defendants moved the Court, at the close of the evidence for the State, to compel the prosecutor to elect upon which count a conviction would be asked. The Court declined to grant the motion, because it was apparent that the two counts were drawn to meet the different phases of the same transaction. In this ruling there was no error. State v. Morrison, 85 N. C., 561; State v. Parish (decided at this term).
It being admitted that the’indictment was found within six months after the offence was committed, the defendants insist that the Superior Court did not have…
2Cases cited4 opinions
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . MorrisonSupreme Court of North Carolina · 1881
- State v. . ReavesSupreme Court of North Carolina · 1881
- State v. . RussellSupreme Court of North Carolina · 1884
3Cited by15 opinions
- State v. TorainSupreme Court of North Carolina · 1986
- State v. PalmerSupreme Court of North Carolina · 1977
- State v. . PerrySupreme Court of North Carolina · 1946
- State v. PerrySupreme Court of North Carolina · 1946
- State v. . WatkinsSupreme Court of North Carolina · 1931
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