Legal Opinion
State v. Batdorf
Supreme Court of North Carolina
Decided November 11, 1977No. 34PublishedCited by 52 opinions
1Opinion of the Court
HUSKINS, Justice.
Defendant contends there was insufficient evidence to show (1) that the murder with which he is charged was committed in North Carolina so as to confer jurisdiction on the courts of this State and (2) that the crime was committed in Sampson County so as to fix venue in that county. Denial of his motions challenging both jurisdiction and venue constitutes his first assignment of error.
This Court has traditionally regarded a challenge to jurisdiction as an affirmative defense with the burden of persuasion on the defendant. State v. Golden, 203 N.C. 440, 166 S.E. 311 (1932);…
2Cases cited38 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Mullaney v. WilburSupreme Court of the United States · 1975
- Green v. United StatesSupreme Court of the United States · 1957
- Barnes v. United StatesSupreme Court of the United States · 1973
33 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- State v. BlackwellSupreme Court of North Carolina · 2006
- People v. McLaughlinNew York Court of Appeals · 1992
- People v. GayheartMichigan Court of Appeals · 2009
- State v. WilloughbyArizona Supreme Court · 1995
- State v. PetersilieSupreme Court of North Carolina · 1993
47 more not listed; retrieve them via the Exa API.