State v. . Lane
Supreme Court of North Carolina
The facts in this case are as follow: At the last term of this court, a case was brought up, by appeal of the prisoner, from judgment of death, pronounced on a conviction for murder in the Superior Court of Edgecombe.
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The facts in this case are as follow: At the last term of this court, a case was brought up, by appeal of the prisoner, from judgment of death, pronounced on a conviction for murder in the Superior Court of Edgecombe. It was decided by the court, and is reported 41red. 113. A certificate .of the decision, that there was no error in the record or in the proceedings on the trial, was, by order of the court, sent to the Superior Court by the clerfe of this court under the seal of the court, according to the last proviso in the sixth section of the act concerning the Supreme Court, Rev. Stat. ch.…
1Opinion of the CourtRuffiN, C. J.
The Court has very deliberately considered the question arising in the case and we are all of opinion, that the decision in the Superior Court was erroneous, and that the Attorney General’s motion must be granted.
Some preliminary objections may be stated to the course adopted in the Superior Court, which could not easily be obviated, although the main position were true, that, upon the death of one of the judges of this Court, the two surviving are not competent to hold the Court. Upon what rule of evidence is the affidavit of the prisoner to be deemed better proof than the certificate from…
2Cases cited1 opinion
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
3Cited by6 opinions
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Neff v. McKelveyOhio Supreme Court · 1938
- Long v. StateCourt of Criminal Appeals of Texas · 1910
- Mountain States Telephone & Telegraph Co. v. PeopleSupreme Court of Colorado · 1920
- Mountain States Telephone & Telegraph Co. v. PeopleSupreme Court of Colorado · 1920
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