State v. . Morris
Supreme Court of North Carolina
Verdict, Special — Indictment—Presentment—Statute of Limitations— Grand Jury. This was an Indictment for killing a Hog in an enclosure not surrounded by a lawful fence, tried at the Fall Term, 1889, of the Superior Court of Montgomery County, before Merrimon, J. The jury returned the following special verdict, viz.: That in the month of January, two years prior to January, 1889, the defendant shot and killed the hog of W. S. Crawford, in a territory where the stock-law does…
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Verdict, Special — Indictment—Presentment—Statute of Limitations— Grand Jury. This was an Indictment for killing a Hog in an enclosure not surrounded by a lawful fence, tried at the Fall Term, 1889, of the Superior Court of Montgomery County, before Merrimon, J. The jury returned the following special verdict, viz.: That in the month of January, two years prior to January, 1889, the defendant shot and killed the hog of W. S. Crawford, in a territory where the stock-law does not prevail, and that it was shot near the residence of defendant’s father, whose farm was within an enclosure including…
1Opinion of the CourtAvery, J.
— after stating the facts: The Court “must say upon the facts found (as a special verdict) that in law they constitute or do not constitute the offence charged, and thereupon the verdict of the jury is entered in accordance with the opinion of the Court.” State v. Bray, 89 N. C., 480; State v. Stewart, 91 N. C., 566. So the law is written. The rule laid down by the Court has not been followed, and there must be a new trial.
But the defendant also relied upon the statute of limitations as a bar to the prosecution, and if that question is not discussed now the probable result of omitting to do…
2Cases cited2 opinions
- State v. . BraySupreme Court of North Carolina · 1883
- State v. . StewartSupreme Court of North Carolina · 1884
3Cited by13 opinions
- State v. ThomasSupreme Court of North Carolina · 1952
- Statler v. United StatesSupreme Court of the United States · 1895
- Pueblo v. LugoSupreme Court of Puerto Rico · 1941
- State v. SilverOregon Supreme Court · 1965
- State v. . HeddenSupreme Court of North Carolina · 1924
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