State v. . Watts
Supreme Court of North Carolina
INDICTMENT for an Assault, tried at Fall Term, 1879, of Haywood Superior Court, before Craves, J. Verdict of guilty, judgment, appeal by defendant.
1Opinion of the CourtAshe, J.
The defendant was tried on two separate indictments : the first, for an assault and battery, and the second, for an assault with intent to commit a rape. The jury found him guilty of the assault, but not guilty of the assault with intent to commit a rape. The defendant moved in arrest of judgment upon the ground that the two indictments could not be joined, but His Honor overruled the motion and the defendant appealed.
The rule for joining different offences in the same bill of indictment is, that it always may be doné when the grade of the offences and the judgments are the same. Archbold’s…
2Cases cited2 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1876
- State v. . SpeightSupreme Court of North Carolina · 1873
3Cited by17 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . MalpassSupreme Court of North Carolina · 1925
- Commonwealth v. RosenthalMassachusetts Supreme Judicial Court · 1912
- State v. . McNeillSupreme Court of North Carolina · 1885
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