Legal Opinion

State v. . Jones

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 13 opinions

INDICTMENT for murder tried at Spring Term, 1882, of Wake Superior Court, before Bennett, J. On the 17th of February, 1882, the bill of indictment was returned into court, “a true bill,” by the grand jury, and on the next day, in the absence of one of the prisoner’s counsel and befoi’e either of his counsel, assigned at the time of prisoner’s arraignment, had an opportunity to examine the record, the prisoner was arraigned and pleaded not guilty — one of his counsel who was…

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INDICTMENT for murder tried at Spring Term, 1882, of Wake Superior Court, before Bennett, J. On the 17th of February, 1882, the bill of indictment was returned into court, “a true bill,” by the grand jury, and on the next day, in the absence of one of the prisoner’s counsel and befoi’e either of his counsel, assigned at the time of prisoner’s arraignment, had an opportunity to examine the record, the prisoner was arraigned and pleaded not guilty — one of his counsel who was present, not asking for time — and the case was set for trial on the first day of March, 1882, when the prisoner,…

1Opinion of the CourtAshe, J.

We have carefully perused and considered the charge given by the judge to the jury, and have been unable to discover any error. The principles of law, applicable to the facts of the case, were fairly and fully expounded by him, and left no ground of complaint on the part of the prisoner. Nor have we been able to detect any error in his refusal to give the several special instructions asked by the prisoner, nor in his refusal to permit the prisoner to file a plea in abatement, or to entertain his motion to quash the indictment.

Whether a plea in abatement shall be allowed, or a motion to quash…

2Cases cited4 opinions

  1. Boyd v. StateSupreme Court of Georgia · 1855
  2. State v. . EasonSupreme Court of North Carolina · 1874
  3. State v. . BrysonSupreme Court of North Carolina · 1881
  4. State v. . HawesSupreme Court of North Carolina · 1871

3Cited by13 opinions

  1. State v. TaylorWest Virginia Supreme Court · 1905
  2. State v. . HensleySupreme Court of North Carolina · 1886
  3. State v. Burnett.Supreme Court of North Carolina · 1906
  4. Alexander v. LindseySupreme Court of North Carolina · 1949
  5. State v. . WinslowSupreme Court of North Carolina · 1886

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