State v. Simons.
Supreme Court of North Carolina
PbtitioN for a writ of certiorari as a substitute for an appeal. A true bill of indictment was returned against the petitioner at April Term, 1919, of Anson, charging him with the crime of arson. At the same term of court a true bill was returned against one Jim Eeid (S. v. Reid, 178 N. 0., 745), charging him in one count with the-crime of arson and in another with being accessory before the fact te the crime of arson.
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PbtitioN for a writ of certiorari as a substitute for an appeal. A true bill of indictment was returned against the petitioner at April Term, 1919, of Anson, charging him with the crime of arson. At the same term of court a true bill was returned against one Jim Eeid (S. v. Reid, 178 N. 0., 745), charging him in one count with the-crime of arson and in another with being accessory before the fact te the crime of arson. Eeid was tried at said term, and the petitioner herein was the principal witness against him, and testified, among other things; “I was living at Mr. N. P. Liles’ place. John…
1Opinion of the CourtAllen, J.
“One of tbe purposes of tbe writ of certiorari is to answer as a substitute for an appeal, . . . but where an appeal is pot prayed for, tbe certiorari is not a matter of course, and tbe Court will exercise discretion in regard to tbe application.” Bledsoe v. Snow, 48 N. C., 105; McConnell v. Caldwell, 51 N. C., 469.
Tbe application should be made “at tbe term to which tbe appeal ought to have been taken,” “without any unreasonable delay, and tbat any such delay after tbe earliest moment in tbe party’s power to make tbe application must be satisfactorily accounted for.” Todd v. Mackie, 160 N.…
2Cases cited3 opinions
- State v. . BrysonSupreme Court of North Carolina · 1917
- McConnell v. . CaldwellSupreme Court of North Carolina · 1859
- Mitchell v. Baker.Supreme Court of North Carolina · 1901
3Cited by10 opinions
- State v. BranchSupreme Court of North Carolina · 1975
- State v. HolmesSupreme Court of North Carolina · 1978
- State v. JonesSupreme Court of North Carolina · 1961
- State v. BuieCourt of Appeals of North Carolina · 1975
- State v. SaulsCourt of Appeals of North Carolina · 1976
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