State v. Ewing.
Supreme Court of North Carolina
INDICTMENT against D. A. Ewing, heard by Judge H. B. Bryan, at October Term, 1900, of Montgomeey Superior Court. Indictment for murder: “The jurors for the State,” etc., “present: That D. A. Ewing, late of the county of Montgomery, State of North Carolina, on the 17th day of March, 1899, at and in said county and State, with force and arms feloniously, wilfully, and of his malice aforethought did kill and murder one James Stewart, contrary to the form of the statute in such…
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INDICTMENT against D. A. Ewing, heard by Judge H. B. Bryan, at October Term, 1900, of Montgomeey Superior Court. Indictment for murder: “The jurors for the State,” etc., “present: That D. A. Ewing, late of the county of Montgomery, State of North Carolina, on the 17th day of March, 1899, at and in said county and State, with force and arms feloniously, wilfully, and of his malice aforethought did kill and murder one James Stewart, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.” Upon said bill was the indorsement: “A true…
1Opinion of the Court
CLARK and DOUGLAS, JJ., dissenting. The bill of indictment charges in one count that the defendant "feloniously, wilfully, and of his malice aforethought did kill and murder one James Stewart," contrary, etc. The grand jury returned "A true bill for murder in the second degree." The defendant, before pleading, moved to quash the bill upon the ground that the grand jury "had no right to find the bill as indorsed upon the back thereof." Motion overruled. The Court then found the facts as set out in the record, and thereupon the defendant demurred on the ground that the bill is drawn for murder…
2Cases cited1 opinion
- State v. . BrownSupreme Court of North Carolina · 1879
3Cited by6 opinions
- State v. KingSupreme Court of North Carolina · 1962
- State v. HuntSupreme Court of North Carolina · 1901
- State v. . HuntSupreme Court of North Carolina · 1901
- State v. . MayhewSupreme Court of North Carolina · 1911
- State v. MayhewSupreme Court of North Carolina · 1911
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