State v. . Vann
Supreme Court of North Carolina
PROCEEDING in a criminal action at Fall Term, 1880, of Hertford Superior Court, before SchencJc, J. - The prisoner being brought to the- bar of the court for judgment pursuant to the decision of this court, reported in 82 N. 0., 631, was asked if he bad anything further to say fhan he had already said why sentence of death should not be pronounced upon him, and in answer thereto (through his counsel) suggested that the prisoner since his conviction had become insane, and in…
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PROCEEDING in a criminal action at Fall Term, 1880, of Hertford Superior Court, before SchencJc, J. - The prisoner being brought to the- bar of the court for judgment pursuant to the decision of this court, reported in 82 N. 0., 631, was asked if he bad anything further to say fhan he had already said why sentence of death should not be pronounced upon him, and in answer thereto (through his counsel) suggested that the prisoner since his conviction had become insane, and in support thereof produced affidavits. Thereupon he demanded a jury trial of the question ■of his insanity and asked for a…
1Opinion of the Court
■Smith, C. J.
The order is strictly one of continuance based upon an opinion hypothetical and dependent upon the finding of the jury. If that finding be adverse to the prisoner-, the question will not arise. It is needless to cite ■authorities to show that an appeal in a criminal case lies to this court only after a final determination, and" we simply refer to the recent case of State v. Hinson, 82 N. C., 540, and those therein cited, and its recognition in State v. Pollard, 83 N. C., 597.
It is true that in State v. Lane, 4 Ired., 434, the late chief justice then presiding in the superior…
2Cases cited3 opinions
- Freeman v. PeopleNew York Supreme Court · 1847
- State v. . PollardSupreme Court of North Carolina · 1880
- State v. . HinsonSupreme Court of North Carolina · 1880
3Cited by13 opinions
- In re SmithNew Mexico Supreme Court · 1918
- State v. . GodwinSupreme Court of North Carolina · 1939
- State v. HenkeWashington Supreme Court · 1938
- State v. . SullivanSupreme Court of North Carolina · 1948
- State v. GodwinSupreme Court of North Carolina · 1939
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