State v. . Johnson
Supreme Court of North Carolina
INDICTMENT, for Larceny and receiving stolen goods, tried before Cloud, J., at Spring Term, 1876, of Forsyth Superior Court. At the preceding term, the defendant was put upon trial upon the same bill of indictment, and the jury failing to agree upon a verdict, his Honor ordered a juror to he withdrawn and a mistrial entered, and remanded the prisoner.
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INDICTMENT, for Larceny and receiving stolen goods, tried before Cloud, J., at Spring Term, 1876, of Forsyth Superior Court. At the preceding term, the defendant was put upon trial upon the same bill of indictment, and the jury failing to agree upon a verdict, his Honor ordered a juror to he withdrawn and a mistrial entered, and remanded the prisoner. When the case was called for trial at Spring Term, 1876, the counsel for the prisoner insisted that he could not again he put upon trial for this offence, and moved the Court to discharge the prisoner. The motion was overruled and the defendant…
1Opinion of the CourtPearson, C. J.
Since the establishment of the penitentiary offences against the public are divided into three classes: 1. Offences that are punished by hanging. 2. Of-fences that are punished by confinement in the penitentiary. 3. Offences that are punished by fine or imprisonment in the County jail, or both.
If on a trial for an offence of the first class the Judge directs a mistrial, he is required to find the facts and his action is the subject of review in this Court, a practice based on the sacred principle of the common law — no man shall be twice put in jeopardy of life or limb. The word “ limb ”…
2Cases cited1 opinion
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
3Cited by18 opinions
- State v. . LawrenceSupreme Court of North Carolina · 1879
- State v. MeshawSupreme Court of North Carolina · 1957
- State v. . UptonSupreme Court of North Carolina · 1915
- Lovejoy v. StateCourt of Criminal Appeals of Texas · 1893
- State v. HumblesSupreme Court of North Carolina · 1954
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