State v. Frisbee.
Supreme Court of North Carolina
INDICTMENT against Lee Frisbee, heard by Judge Fred. Moore and a jury, at April Term, 1906, of the Superior Court of Buncombe.
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INDICTMENT against Lee Frisbee, heard by Judge Fred. Moore and a jury, at April Term, 1906, of the Superior Court of Buncombe. The defendant was charged in the indictment with unlawfully, wilfully, and maliciously assaulting Floyd Brown, on 1 May, 1903, with a deadly weapon, to-wit, a certain pistol and knife with a four-inch blade, with intent to kill and murder the said Floyd Brown and to his great damage, contrary to the form of the statute and against the peace and dignity of the State. The defendant moved to quash the indictment. Motion overruled, and he excepted. There was evidence that…
1Opinion of the Court
WaleeR, J.,
after stating the case: The Revisal, sec. 3147, provides that all misdemeanors, except the offenses of perjury, forgery, malicious mischief and other malicious misdemeanors, shall be presented or found by the grand jury within two years after the commission of the same, and not afterwards, unless any of said misdemeanors shall have been committed in a secret manner, when it may be prosecuted within two years after the discovery of the offense. If the crime alleged in the indictment to have been committed by the defendant is not a malicious misdemeanor, he was improperly convicted.
Th…
2Cases cited7 opinions
- State v. Martin.Supreme Court of North Carolina · 1906
- State v. . MorrisSupreme Court of North Carolina · 1889
- Commonwealth v. BarlowMassachusetts Supreme Judicial Court · 1808
- People v. PettitNew York Supreme Court · 1808
- State v. . SwannSupreme Court of North Carolina · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. BrewerSupreme Court of North Carolina · 1963
- State v. . BrinkleySupreme Court of North Carolina · 1927
- State v. SurlesSupreme Court of North Carolina · 1949