State v. Hatton Perry.
Supreme Court of North Carolina
Ikdictment for rape tried at the Fall Term, 1897, of Beaufort Superior Court before Brown, J., and a jury. The facts necessary to an understanding of the opinion are stated therein. (The report of a former appeal in same case is contained in 121 N. C., at page 533). The defendant was found guilty and appealed from the judgment of the court sentencing him to be hanged.
1Opinion of the Court
Clark, J.:
This case was here at the last term, (121 N. C., 533,) and a new trial was then granted. The prisoner hawing been found guilty by a second jury again appeals. His first two exceptions are to the overruling the pleas of abatement as to the bill which were also presented as exceptions on the former appeal. The Attorney General contends that those matters are res judicata. Where there is an affirmance of a judgment, this necessarily is an adjudication upon every assignment of error, and of any matter which might have been urged (whether it was or not) in arrest of judgment. State v.…
2Cases cited18 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . HensleySupreme Court of North Carolina · 1886
- State v. . BarkerSupreme Court of North Carolina · 1890
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. . GrifficeSupreme Court of North Carolina · 1876
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3Cited by23 opinions
- State v. YoesSupreme Court of North Carolina · 1967
- State v. . BannerSupreme Court of North Carolina · 1908
- Breese v. United StatesCourt of Appeals for the Fourth Circuit · 1913
- State v. . StewartSupreme Court of North Carolina · 1925
- State v. WoodSupreme Court of North Carolina · 1918
18 more not listed; retrieve them via the Exa API.