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
It appears to me, that the first reason offered by the prisoner, in arrest of judgment, must be overruled. The objection that there is a variance between the names of the jurors contained in the originalvenire, and the names on the list of grand jurors, ought to have been taken by a motion to quash the proceedings, or by a special plea, before the trial of the issue in chief, made up on the plea of not guilty. And so ought the objection to the organization of the grand jury, likewise to have been taken before a trial in chief was had. (319) This point has been determined in the case of S. v.…
2Cases cited12 opinions
- State v. . DanielsSupreme Court of North Carolina · 1904
- State v. . GrifficeSupreme Court of North Carolina · 1876
- State v. Hatton Perry.Supreme Court of North Carolina · 1898
- State v. . DavisSupreme Court of North Carolina · 1841
- State v. . Hill .Supreme Court of North Carolina · 1875
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