State v. . Knight
Supreme Court of North Carolina
INDICTMENT for perjury tried at Fall Terra, 1880, of Martin Superior Court, before Schench, J. The substance of the charge in t-he bill of indictment is set out in the opinion of this- court. The counsel for defendant first moved to quash the bill on several grounds, which motion was overruled. The defendant then entered his plea of “ not guilty,” but upon the trial the jury convicted him.
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INDICTMENT for perjury tried at Fall Terra, 1880, of Martin Superior Court, before Schench, J. The substance of the charge in t-he bill of indictment is set out in the opinion of this- court. The counsel for defendant first moved to quash the bill on several grounds, which motion was overruled. The defendant then entered his plea of “ not guilty,” but upon the trial the jury convicted him. He then moved in arrest of judgment, for that, the justice of the peace who administered the oath in which, the perjury was assigned had no-authority so to do. Upon overruling this motion, the court…
1Opinion of the CourtAshe, J.
In this case the defendant before plea moved the court upon several grounds to quash the indictment, but the motion was disallowed, in which ruling we hold there was no error; for where the application is made on the part of the defendant, the courts have almost uniformly refused to quash an indictment when it appeared to be for some enormous crime, such as treason or felony, perjury, forgery, &c. Arch. Or. PL, 66. And in State v. Colbert, 75 N. C., 368, Reabe, J., delivering the opinion of the court, says : Quashing indictments is not favored. It releases recognizances and sets the defendant…
2Cases cited3 opinions
- State v. . ColbertSupreme Court of North Carolina · 1876
- Rowland v. . Thompson v. .Supreme Court of North Carolina · 1871
- Esparte SchultzSupreme Court of Pennsylvania · 1841
3Cited by10 opinions
- State v. CaywoodSupreme Court of Iowa · 1895
- In re D.L.Supreme Court of Vermont · 1995
- State v. . FlowersSupreme Court of North Carolina · 1891
- State v. . SkidmoreSupreme Court of North Carolina · 1891
- Gillikin v. United States Fidelity & Guaranty Co.Supreme Court of North Carolina · 1961
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