State v. . Allen
Supreme Court of North Carolina
This was a CRIMINAL action for carrying a concealed weapon, brought to the Superior Court of Pitt County by appeal from a Justice, and tried at June Term, 1890, before Boykin, J. In the warrant the defendant was charged with having committed the offence on the 2d of May, 1890, in Greenville township, Pitt County. The State introduced evidence tending to prove the commission of the offence at the time and place charged.
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This was a CRIMINAL action for carrying a concealed weapon, brought to the Superior Court of Pitt County by appeal from a Justice, and tried at June Term, 1890, before Boykin, J. In the warrant the defendant was charged with having committed the offence on the 2d of May, 1890, in Greenville township, Pitt County. The State introduced evidence tending to prove the commission of the offence at the time and place charged. The defendant was introduced as a witness in his own behalf. On cross-examination, the Solicitor asked him if he had not, at any time within two years next preceding the date…
1Opinion of the CourtClark, J.
after stating the facts: Time and place in a charge for an offence like this need not be proved as laid. It is sufficient if the time proven was at any time within two years prior to issuing the warrant, and it is enough if the offence is shown to have been committed within the county. Indeed, the offence, if proven, “shall be deemed and taken” as having been committed in the county laid in the charge, unless the defendant, by plea in abatement, under oath, shall allege the transaction took place in another county; whereupon, the case may be removed thither for trial. The Code, § 1194.
It was…
2Cases cited2 opinions
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . ThomasSupreme Court of North Carolina · 1887
3Cited by26 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. WaddellSupreme Court of North Carolina · 1975
- State v. . O'NealSupreme Court of North Carolina · 1924
- State v. StanfieldSupreme Court of North Carolina · 1977
- State v. . MitchellSupreme Court of North Carolina · 1896
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