Legal Opinion

State v. . Jones

Supreme Court of North Carolina

Decided September 5, 1895Published

This was a criminal actioN, tried before Norwood, J., at March Term, 1895, of the Superior Court of Moore county. The defendants, W. B. Jones and Susan Burt, were indicted at December Term, 1895, of said Superior Court for fornication and adultery, and upon their trial at March Term, 1895, the jury returned a verdict of “not guilty.”

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This was a criminal actioN, tried before Norwood, J., at March Term, 1895, of the Superior Court of Moore county. The defendants, W. B. Jones and Susan Burt, were indicted at December Term, 1895, of said Superior Court for fornication and adultery, and upon their trial at March Term, 1895, the jury returned a verdict of “not guilty.” At the opening of said trial, counsel for the defendants gave notice in open court that, in case of an acquittal of the defendants, a motion would be made to mark as prosecutors, and tax with the costs, J. E. Phillips and T. H. B. Pierce, the said Phillips and…

1Opinion of the Court

Furches, J. :

This was a motion and order of the Superior Court of Moore County, taxing one Phillips with the costs of the State prosecution. W. B. Jones and Susan Burt were indicted, tried and acquitted. At the conclusion of the trial the court ordered notice to be given to said Phillips to appear on the next day and show cause why he should not be marked as prosecutor and taxed with the costs of the prosecution. Notice of this motion was served on Phillips and on the day fixed by the order said Phillips, by attorney, entered a special appearance and moved to dismiss for the reasons that he…

2Cases cited4 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1889
  2. State v. . HamiltonSupreme Court of North Carolina · 1890
  3. State v. . RobertsSupreme Court of North Carolina · 1890
  4. State v. Owens.Supreme Court of North Carolina · 1882

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