State v. . Khoury
Supreme Court of North Carolina
AotioN’beard before Peebles, J., and a jury, August Special Term, 1908, of Cumberland. At tbe March Term, 1908, of the Superior Court of Cumberland County, a Bill of Indictment, charging defendant with burglary in the second degree, was found by the grand jury. At said term, defendant, through his counsel, caine into Court and entered his plea of “not guilty.”
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AotioN’beard before Peebles, J., and a jury, August Special Term, 1908, of Cumberland. At tbe March Term, 1908, of the Superior Court of Cumberland County, a Bill of Indictment, charging defendant with burglary in the second degree, was found by the grand jury. At said term, defendant, through his counsel, caine into Court and entered his plea of “not guilty.” At the same term, the brother of defendant filed an affidavit upon which he based a motion for a continuance of the case oh account of the absence of certain witnesses named, by whom he expected to show that defendant is of unsound…
1Opinion of the Court
CoNNOR, J.,
After stating the case: The first assignment of error is directed to his Honor’s refusal to permit defendant to withdraw his plea of “not guilty,” or to amend the record by striking out said plea and submitting an issue directed to the question of his insanity at the time of the trial. His Honor refused this motion and, upon the trial, heard evidence in regard to defendant’s insanity, both at the time of the trial and the time the alleged crime was committed. No ground was laid by way of affidavit or otherwise at the time the case was heard by Judge Peebles, to show that defendant…
2Cases cited5 opinions
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- State v. . BowmanSupreme Court of North Carolina · 1878
- State v. . HaywoodSupreme Court of North Carolina · 1886
- Jenkins v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- State v. . VannSupreme Court of North Carolina · 1881
3Cited by6 opinions
- State v. PropstSupreme Court of North Carolina · 1968
- State v. . GodwinSupreme Court of North Carolina · 1939
- State v. . SullivanSupreme Court of North Carolina · 1948
- State v. GodwinSupreme Court of North Carolina · 1939
- State v. ThompsonSupreme Court of North Carolina · 1974
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