State v. . Rinehart
Supreme Court of North Carolina
IndictmeNt, for Murder, tried before Watts, J., at Spring-Term, 1876, of Madison Superior Court. There was a verdict of “guilt}*-,” whereupon the prisoner moved in arrest of judgment. The motion was overruled, and judgment pronounced, and the prisoner appealed. The other facts necessary to an understanding of the case, as decided in this Court, are found in the opinion of Justice Bynum.
1Opinion of the CourtBynum, J.
The prisoner was tried and found guilty of murder, by the jury. His counsel, in the Court below, moved in arrest of judgment, upon the ground that the indictment was insufficient, in that it omitted the word “wound” in a material part of it, and thus not showing how the deceased came to his death.
The indictment is in the usual form and regular in all re spects, except that in the conclusion, after alleging that the prisoner discharged his gun in and upon the deceased, it proceeds thus: “ giving to him, the said Joseph Turner, then and there, with the leaden bullet aforesaid, so as aforesaid,…
2Cited by3 opinions
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. . RatliffSupreme Court of North Carolina · 1915
- State v. . WalkerSupreme Court of North Carolina · 1882