State v. . Seaborn
Supreme Court of North Carolina
The prisoner was indicted for the crime of Arson.— The indictment contained six counts. The first count charged the arson to have been committed by “feloni-ously, wilfully and maliciously,” setting fire to the dwelling house of one Richard Smith, in the City of Raleigh, ami concluded at common law. The second count was like the.first, except that it laid the dwelling bouse to be that of «mo John Rosea.
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The prisoner was indicted for the crime of Arson.— The indictment contained six counts. The first count charged the arson to have been committed by “feloni-ously, wilfully and maliciously,” setting fire to the dwelling house of one Richard Smith, in the City of Raleigh, ami concluded at common law. The second count was like the.first, except that it laid the dwelling bouse to be that of «mo John Rosea. The third count charged the prisoner, with “ feloniously, voluntarily, wilfuiiyand maliciously” sotting fire to the dwelling house of one Richard Smith, and concluded against the form of the…
1Opinion of the Court
The indictment was found at WAKE Spring Term, 1833. In the sheriff's return of the venire, one of the persons summoned, was stated in the record to be named Joes Jones, and the clerk in making up the record, stated "on ballotting, the following persons are duly elected, sworn and charged to serve as grand jurors at this term, to-wit, Seth Jones, foreman," etc., and among the rest Joel Jones. The name of Joel Jones did not appear on the original venire, otherwise than as above.
The prisoner when put to the bar, offered the following affidavit for the removal of his cause:
"Benjamin Seaborn…
2Cases cited5 opinions
- State v. TwittySupreme Court of North Carolina · 1822
- State v. . PollSupreme Court of North Carolina · 1821
- State v. . KimbroughSupreme Court of North Carolina · 1830
- State v. . McEntireSupreme Court of North Carolina · 1815
- State v. . LewisSupreme Court of North Carolina · 1824
3Cited by7 opinions
- State v. YoesSupreme Court of North Carolina · 1967
- State v. . DanielsSupreme Court of North Carolina · 1904
- State v. Hatton Perry.Supreme Court of North Carolina · 1898
- State v. . MallardSupreme Court of North Carolina · 1922
- State v. . BarfieldSupreme Court of North Carolina · 1848
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