Legal Opinion

State v. . Lawrence

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 37 opinions

Petition for a Certiorari filed and granted at Jone Term, 1879, of The Supreme Court. The defendant was indicted for larceny and receiving, &c., and tried at spring term, 1876, of Columbus superior court, before McKoy, J. In his petition for a certiorari, the defendant says he was convicted of horse stealing and sentenced to the penitentiary for twenty years, and in pursuance of the judgment of the court, he has ever since been confined therein; tha,t he is advised the said…

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Petition for a Certiorari filed and granted at Jone Term, 1879, of The Supreme Court. The defendant was indicted for larceny and receiving, &c., and tried at spring term, 1876, of Columbus superior court, before McKoy, J. In his petition for a certiorari, the defendant says he was convicted of horse stealing and sentenced to the penitentiary for twenty years, and in pursuance of the judgment of the court, he has ever since been confined therein; tha,t he is advised the said judgment is contrary to law, in that the first count of the bill of indictment concludes at common law, whereas he was…

1Opinion of the CourtAshe, J.

This case was brought from the superior court of Columbus county by certiorari in nature of a writ of error to review the judgment pronounced upon the defendant in a criminal action against him, tried in that court at spring term, 1876.

The defendant was indicted for stealing a horse, and the bill of indictment contained two counts: first, for stealing the horse; and second, for receiving the same knowing it to have been stolen. The first count concluded at common law and the second against the statute. The jury returned a general verdict of guilty, and the defendant was sentenced to twenty…

2Cases cited5 opinions

  1. State v. . JohnsonSupreme Court of North Carolina · 1876
  2. State v. . SpeightSupreme Court of North Carolina · 1873
  3. State v. . KentSupreme Court of North Carolina · 1871
  4. State v. . RattsSupreme Court of North Carolina · 1869
  5. State v. . BakerSupreme Court of North Carolina · 1874

3Cited by37 opinions

  1. State v. . MooreSupreme Court of North Carolina · 1936
  2. In Re DeatonSupreme Court of North Carolina · 1890
  3. State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
  4. State v. MooreSupreme Court of North Carolina · 1936
  5. In Re HolleySupreme Court of North Carolina · 1910

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