State v. . Moss
Supreme Court of North Carolina
INDICTMENT for assault and batteRY, tried before his Honor Judge Settle, at the Spring Term, 1854, of Mecklenburg Superior Court.
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INDICTMENT for assault and batteRY, tried before his Honor Judge Settle, at the Spring Term, 1854, of Mecklenburg Superior Court. Plea, “ not guilty,” “ former conviction” and specially, “ that he was convicted and fined by the Intendant of the town of Charlotte, and that he has paid the fine and costs of that conviction and did not appeal from that judgment, and according to the section of the act incorporating the town of Charlotte, passed at the session of 1850, chap. he could not be indicted and punished.” It was proved that the defendant committed an assault and .battery on the body of…
1Opinion of the CourtNash, C. J.
The defendant is indicted for an assault and battery committed in the county of Mecklenburg. He pleaded, among other things, a former conviction for the same offense, and specially, that he was convicted and fined by the Intend-ant of Police of the town of Charlotte, where the offense was committed, and that the judgment had been executed, and by the private Act of'1850, incorporating said town, he could not be indicted.
It is a principle of the common law, that when a man has once been acquitted or' convicted, upon any indictment, or other prosecution, before any Court having competent…
2Cited by22 opinions
- State v. ThomasSupreme Court of North Carolina · 1952
- State v. HudsonSupreme Court of North Carolina · 1971
- State v. . YarboroSupreme Court of North Carolina · 1927
- State v. WilsonSupreme Court of North Carolina · 2009
- State v. . PulliamSupreme Court of North Carolina · 1922
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