State v. Daniel
Supreme Court of North Carolina
INDICTMENT under Sections 985 (6) (as amended by Chapter 42, Acts of 1885) for burning a stable, tried before Allen, /., and a jury at Spring Term, 1897, of Gbanville Superior Court.
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INDICTMENT under Sections 985 (6) (as amended by Chapter 42, Acts of 1885) for burning a stable, tried before Allen, /., and a jury at Spring Term, 1897, of Gbanville Superior Court. The indictment was as follows: “The jurors for the State, upon their oaths, present that Loclcett Daniel, late of the County of Granville, on the 5th day of April, 1897, with force and arms, at and in the County aforesaid, a certain building, to-wit: a stable, then and there - situate, the property of Elizabeth F. Sattherwhite and others, waiitonly, wil-fully, and feloniously did set fire to and burn,’ against…
1Opinion of the Court
Olakic, J.:
The transcript on appeal was defective. It did not show the organization of the Court, nor that it was held at the court house, nor at the time and place specified by law, nor that a grand jury was drawn, sworn and charged, and that they presented the indictment which is set forth in the transcript. The attention of the Clerks of the Superior Conrts is again called to the legal requirements in this respect, as stated in State v. Butts, 91 N. C., 524, and especially to what is said on page 526. The Court here refused to grant the motion to dismiss the appeal on that ground in a…
2Cases cited6 opinions
- Woodford v. . People of the State of N.Y.New York Court of Appeals · 1875
- State v. . JaynesSupreme Court of North Carolina · 1878
- State v. . ButtsSupreme Court of North Carolina · 1884
- State v. . ThompsonSupreme Court of North Carolina · 1887
- State v. . MaySupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- State v. . McKeithanSupreme Court of North Carolina · 1932
- Nash v. StateCourt of Criminal Appeals of Texas · 1932
- State v. BanksSupreme Court of North Carolina · 1958
- Allen v. StateCourt of Criminal Appeals of Texas · 1911
7 more not listed; retrieve them via the Exa API.