State v. . Lee
Supreme Court of North Carolina
INDICTMENT under section 985,'subsection 7 of The Code, for an attempt to burn a dwelling-house, tiled before Winston, J., at December Term, 1893, of Forsyth Superior Court. The defendants were convicted, and appealed. The facts appear in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
After verdict and judgment the defendants moved in arrest of’judgment. The Court, as a matter of discretion, set aside the verdict and sentence, granting a new trial. A new bill was found at the same term upon testimony of same witnesses, stating the same charge more explicitly. The defendants were again put to trial, treating the two bills as several counts in the same indictment. This was admissible. State v. Johnson, 50 N. C., 221; State v. Brown, 95 N. C., 685; State v. McNeill, 93 N. C., 552. Ás the second count is unquestionably good it is immaterial to consider whether the…
2Cases cited10 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. BassermanSupreme Court of Connecticut · 1886
- State v. . SkidmoreSupreme Court of North Carolina · 1891
- State v. . CaldwellSupreme Court of North Carolina · 1893
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3Cited by10 opinions
- Commonwealth v. RosenthalMassachusetts Supreme Judicial Court · 1912
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . HolderSupreme Court of North Carolina · 1903
- State v. HolderSupreme Court of North Carolina · 1903
- State v. MoffittCourt of Appeals of North Carolina · 1970
5 more not listed; retrieve them via the Exa API.