State v. . Dixon
Supreme Court of North Carolina
INDICTMENT for an Affray tiied at Spring Term, 1877, of Guilford Superior Court, before Gox, J. The defendants, M. C. Dixon and J. B. Gretter, were indicted for an affray and put upon trial on a new bill substituted for that upon which they had been arrested, and differing from the first, only in the order in which their n.ames appeared on the bill.
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INDICTMENT for an Affray tiied at Spring Term, 1877, of Guilford Superior Court, before Gox, J. The defendants, M. C. Dixon and J. B. Gretter, were indicted for an affray and put upon trial on a new bill substituted for that upon which they had been arrested, and differing from the first, only in the order in which their n.ames appeared on the bill. When the evidence offered for the State was concluded, the Court directed the defendant’, Dixon, to introduce anfl examine his witnesses, and then the other defendant to do the same. Some of .the evidence offered by the defendant, Gretter, tended…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above.) We find nothing in the conduct of the cause of which the appellant can rightfully complain. The Solicitor is not restricted to the first bill, but may at any time before entering upon the trial send another bill to the grand jury, and require the defendants to answer that. It is equally plain that where several persons are charged, whether they unite in a common defence, or as in this case where their defences, are separate and antagonistic, the Court must regulate the order and manner in which the defences are to be presented ; and the exercise of this…
2Cited by11 opinions
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- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . McNeillSupreme Court of North Carolina · 1885
- Smith v. StateCourt of Criminal Appeals of Texas · 1912
- Smith v. StateCourt of Criminal Appeals of Texas · 1912
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