State v. . Moody
Supreme Court of North Carolina
Criminal action, (sci. fa. upon a forfeited recognizance) tried before Russell, J., at the Spring Term, 1873, of Robeson Superior Court.
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Criminal action, (sci. fa. upon a forfeited recognizance) tried before Russell, J., at the Spring Term, 1873, of Robeson Superior Court. The Solicitor for the State, moved for an execution upon the judgment nisi heretofore obtained, whereupon the defendant, Moody, was permitted by the Court, to use the answer filed by him to the complaint of the Solicitor, (the action commencing by summons and complaint,) in which it is alleged, that he, Moody, one of the defendants in the bill of indictment, under which the recognizance, alleged to be forfeited, was taken, did make his actual appearance at…
1Opinion of the CourtReade, J.
Suppose it were true, as the defendant offered to prove, that the Solicitor for the State promised him that if he would turn State’s evidence against his co-defendant he would not prosecute him; and suppose the defendant had, in all things, complied with his agreement, and the Solicitor had nevertheless refused to discharge him, and the defendant left the Court, and the Solicitor called him out, and had judgment entered against him and his sureties upon his recognizance. The defendant could not plead the promise of the Solicitor in bar or in discharge pf the judgment, because that is matter…
2Cited by8 opinions
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- In Re Revocation of License to Operate a Motor Vehicle of WrightSupreme Court of North Carolina · 1948
- Hammers v. StateSupreme Court of Arkansas · 1977
- Commonwealth v. St. JohnMassachusetts Supreme Judicial Court · 1899
- People ex rel. Attorney General v. District CourtSupreme Court of Colorado · 1897
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