State v. . Cale
Supreme Court of North Carolina
INDICTMENT for assault with, deadly weapon on one Grover Harrell, tried before W. B. Allen, J., and a jury, at September Term, 1908, of Edgecombe. Defendant entered the plea of “not guilty” and “former conviction,” it having been agreed by consent that the two pleas could be beard together.
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INDICTMENT for assault with, deadly weapon on one Grover Harrell, tried before W. B. Allen, J., and a jury, at September Term, 1908, of Edgecombe. Defendant entered the plea of “not guilty” and “former conviction,” it having been agreed by consent that the two pleas could be beard together. After the evidence was all in, there being no material dispute in the same on the question of former conviction of simple-assault, it was further agreed that the court-should submit the question of assault with a deadly weapon to the jury and take a verdict thereon, subject to the determination of the plea…
1Opinion of the Court
Hoke, J.,
after stating tbe case: According to the strict rules of criminal procedure, tbe pleas of “not guilty” and “former conviction” could not be entertained and determined before one and tbe same jury; and it is further recognized and established that, on a plea of former conviction, when material questions of fact are involved in tbe issue, as in tbe case of dispute as to tbe identity of tbe parties, tbe determination of such plea is for tbe jury. But, as shown in a learned opinion by tbe present Chief Justice, in State v. Ellsworth, 131 N. C., 773, tbe plea of former conviction is not…
2Cases cited6 opinions
- State v. Taylor.Supreme Court of North Carolina · 1903
- Halloran v. StateIndiana Supreme Court · 1881
- State v. Ellsworth.Supreme Court of North Carolina · 1902
- State v. . WhiteSupreme Court of North Carolina · 1908
- State v. MooreSupreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. GreeneSupreme Court of North Carolina · 1974
- Short v. United StatesCourt of Appeals for the Fourth Circuit · 1937
- State v. BarefootSupreme Court of North Carolina · 1955
- State v. HargettSupreme Court of North Carolina · 1961
- State v. . MidgettSupreme Court of North Carolina · 1938
19 more not listed; retrieve them via the Exa API.