State v. . Adams
Supreme Court of North Carolina
Appeal from a judgment of the inferior court, heard at Pall Term, 1881, of Wilson Superior Court, before Shipp, J. The defendants of record (Adams and Penny) were indicted in the inferior court of Wilson county upon, a charge of larceny, and one Whitley was marked as prosecutor on the bill.
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Appeal from a judgment of the inferior court, heard at Pall Term, 1881, of Wilson Superior Court, before Shipp, J. The defendants of record (Adams and Penny) were indicted in the inferior court of Wilson county upon, a charge of larceny, and one Whitley was marked as prosecutor on the bill. A jury acquitted the defendants, and thereupon the court, finding that the prosecution was not required by the public interest, but that it was instituted to subserve the private interests of the prosecutor, and to gratify his malice towards the defendants, who were witnesses against him in another court,…
1Opinion of the CourtRuepiN, J.
As to the want of public necessity for the prosecution and the malicious motives that prompted it, the finding of the court in which the trial was had, is conclusive upon all parties. The statute commits the discretion to that tribunal and to no other, and being a matter of sound discretion, its exercise cannot be reviewed in any appellate court. There being no suggestion of any error of law committed in reference to the matter, by the inferior court, the dismissal of the prosecutor’s appeal in the superior court was correct.
As to the position taken, that the court could not proceed with the…
2Cases cited2 opinions
- State v. . LuptonSupreme Court of North Carolina · 1869
- State v. . HodsonSupreme Court of North Carolina · 1876
3Cited by3 opinions
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. CoatsNew Mexico Supreme Court · 1913
- State v. . DunnSupreme Court of North Carolina · 1886