State v. . Swepson
Supreme Court of North Carolina
MotioN made at Fall Term', 1879, of Wake Superior Court, before Avery, J. After notice given, the state moved to amend the record, nunc pro tunc, of the 'trial of the defendant on an indictment for conspiracy and false pretence had at the spring term, 1875, of the superior court of Wake county, by making the record show that at the time the trial of the defendant was had, and a verdict of not guilty entered of record in the action, the defendant George W. Swepson was not…
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MotioN made at Fall Term', 1879, of Wake Superior Court, before Avery, J. After notice given, the state moved to amend the record, nunc pro tunc, of the 'trial of the defendant on an indictment for conspiracy and false pretence had at the spring term, 1875, of the superior court of Wake county, by making the record show that at the time the trial of the defendant was had, and a verdict of not guilty entered of record in the action, the defendant George W. Swepson was not present in said court, and that the solicitor representing the state at the said trial did not waive his presence. The…
1Opinion of the CourtAshe, J.
The question presented' for our consideration is, did the state have the right to appeal from the ruling of the court below ? The case has been fully and ably argued by the counsel for the state and the defendant, and numerous authorities cited, but the counsel for the state have failed to furnish us with a single state authority which has recognized the right of the state to appeal, except where judgment has been given for defendant upon a special verdict, and where a like judgment has been given upon a demurrer to an indictment or upon a modon to quash. This court in the case of State v.…
2Cases cited1 opinion
- State v. . LaneSupreme Court of North Carolina · 1878
3Cited by14 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . McCollumSupreme Court of North Carolina · 1940
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. . WaltersSupreme Court of North Carolina · 1887
- State v. RidenbaughIdaho Supreme Court · 1897
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