State v. Smith.
Supreme Court of North Carolina
INDICTMENT against Joe Smith, beard by Judge M. H. Justice and a jury, at October Term, 1901, of tbe Superior Court of BueKE County. There was a verdict of guilty and judgment thereon. Erom refusal of tbe Court to discharge tbe defendant upon tbe ground that tbe Solicitor bad no right to order a capias to issue, tbe defendant appealed.
1Opinion of the CourtEueches, C. J.
At June Term, 1899, of Burke Criminal Court, tbe defendant was indicted for assault with deadly weapon,from which term a capias was issued,but not executed. At tbe next two succeeding terms of said Court, tbe case was continued and alias capiases ordered. This was tbe last term of tbe Criminal Court in that county — the same having been abolished by tbe Legislature — and tbe casé was transferred to tbe Superior Court for trial. At May Term of tbe Supe- irior Court, a “nolle prosequi with leave” was taken. And after that term, and before October Term of said Court, the Clerk, at tbe request of…
2Cited by7 opinions
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Wilkinson v. . WilkinsonSupreme Court of North Carolina · 1912
- State v. . NorrisSupreme Court of North Carolina · 1934
- State v. . WilliamsSupreme Court of North Carolina · 1909
- State v. ClaytonSupreme Court of North Carolina · 1959
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