State v. . Reel
Supreme Court of North Carolina
Indictment for Larceny tried at Spring Term, 1878, of Craven Superior Court, before Kerr, J. The bill of indictment contained two counts, in one of which the defendant was charged with stealing an ox, and in the other one pound of beef. After the jury returned a general verdict of guilty, the defendant’s counsel moved in arrest of judgment. Motion overruled, judgment, appeal by defendant.
1Opinion of the CourtAshe, J.
The only question presented in this case for our consideration is whether the joinder of several distinct felonies in different counts in an indictment is a ground for arrest of judgment after a general verdict.'
It is well settled that several counts which merely describe the same transaction in different ways can be made without objection, but upon the question whether several felonies can be charged in different counts of the same indictment, the authorities are in conflict. Archbold says they ought not to be joined. In some of the states! as in Massachusetts, and Tennessee, it is held that…
2Cited by10 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. Burnett.Supreme Court of North Carolina · 1906
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. . HarrisSupreme Court of North Carolina · 1890
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