Legal Opinion

State v. . Reid

Supreme Court of North Carolina

Decided November 26, 1919PublishedCited by 14 opinions

CRIMINAL action, tried before Shaw, Jand a jury, at Spring Term, 1919, of Anson. Defendant was indicted for crime of arson of a dwelling, tenement bouse, owned by R. F. Bennet, and occupied by John McLendon and family, a tenant on tbe owner’s farm. A second count charged that the house was burned by one Tom Simons, at the instigation and procurement- of defendant, the count being formally as an accessory before the fact to the principal crime.

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CRIMINAL action, tried before Shaw, Jand a jury, at Spring Term, 1919, of Anson. Defendant was indicted for crime of arson of a dwelling, tenement bouse, owned by R. F. Bennet, and occupied by John McLendon and family, a tenant on tbe owner’s farm. A second count charged that the house was burned by one Tom Simons, at the instigation and procurement- of defendant, the count being formally as an accessory before the fact to the principal crime. During the progress of the trial, with consent of the solicitor, a verdict of “Not guilty” was entered on the first count, and the issue was submitted…

1Opinion of the CourtHoke, J.

There is no merit in defendant’s first objection that bis cause was tried before that of Tom Simons, the alleged principal felon, and before said Simons had been called on to plead. The course pursued comes directly within the broad provisions of the statute controlling the subject. Rev., 3287, enacting, among other things, that “on a charge of being accessory before the fact, defendant may be tried with the principal felon or after his conviction, or may be indicted and tried for a substantive felony, whether the principal shall or shall not have been convicted, and shall or shall not be…

2Cases cited3 opinions

  1. State v. . StephensSupreme Court of North Carolina · 1915
  2. Redman v. . RobertsSupreme Court of North Carolina · 1841
  3. Coltrain v. Dennis Simmons Lumber Co.Supreme Court of North Carolina · 1914

3Cited by14 opinions

  1. State v. FulcherSupreme Court of North Carolina · 1978
  2. Coppola v. CommonwealthSupreme Court of Virginia · 1979
  3. State v. WaltersSupreme Court of North Carolina · 1969
  4. State v. . LassiterSupreme Court of North Carolina · 1926
  5. State v. BreyerIdaho Supreme Court · 1925

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