State v. . Cook
Supreme Court of North Carolina
Burglart, tried before Gilliam J. at Fall Term 1867 of the Superior Court of McDowell. The prisoner was indicted in the Superior Court of Rutherford, Spring Term 1867, with one Alphonzo Johnston, for breaking into the house of one J. A. Sweet in the night-time, and stealing a rifle, a, watch and fifty dollars in gold. The prisoner was arraigned in that court, but upon affidavit his trial was removed to McDowell.
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Burglart, tried before Gilliam J. at Fall Term 1867 of the Superior Court of McDowell. The prisoner was indicted in the Superior Court of Rutherford, Spring Term 1867, with one Alphonzo Johnston, for breaking into the house of one J. A. Sweet in the night-time, and stealing a rifle, a, watch and fifty dollars in gold. The prisoner was arraigned in that court, but upon affidavit his trial was removed to McDowell. The fact of the breaking and robbery by the prisoner was established and he relied on the plea of the act of “Amnesty and Pardon,” ratified the 22d day of December 1866. The prisoner…
1Opinion of the Court
Reade J.
The amnesty act of 1866--7 provides that no officer or private, in either the United States or Confederate armies, shall be held to answer on any indictment for any act done in discharge of any duties imposed on them by the laws of the United States, or of the Confederate States, or by virtue of any army order. And in construing that act, in State v. Blalock, ante 142, we said that “it embraces all who may be supposed to have committed crimes or injuries, by reason of their connection with the late war, whether they were officers or privates; whether they were of the Federal or…
2Cited by6 opinions
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- State v. RamseurSupreme Court of North Carolina · 2020
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