State v. King.
Supreme Court of North Carolina
INDICTMENT for assault with deadly weapon with intent to kill, tried before Robinson, J., at Fall Term, 1895, of Graham Superior Court. The defendant was convicted and appealed.
1Opinion of the Court
OlabK, J :
If the appellee does not accede to the appellant’s statement of the case on appeal, The Code, See. 550, prescribes that the respondent shall return it with specific amendments thereto. It has been held that a counter case is a sufficient compliance with this requirement. McDaniel v. Scarlock, 115 N. C., 295. The same section further provides that on receiving the appellee’s exceptions, the appellant “shall immediately request the judge to fix a time and place for settling the case before him.” If the appellant does not do this, his statement as modified by the appellee’s exceptions…
2Cases cited6 opinions
- Owens v. . PhelpsSupreme Court of North Carolina · 1885
- Russell v. . DavisSupreme Court of North Carolina · 1888
- McDaniel v. . ScurlockSupreme Court of North Carolina · 1894
- Mitchell v. . TedderSupreme Court of North Carolina · 1890
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gaither v. Carpenter.Supreme Court of North Carolina · 1906