State v. . Collins
Supreme Court of North Carolina
Appeal by prosecutors from Peebles, J., at Fall Term, 1914, of JoNes. Tbis was a bill of indictment found by tbe grand jury.
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Appeal by prosecutors from Peebles, J., at Fall Term, 1914, of JoNes. Tbis was a bill of indictment found by tbe grand jury. At tbe close of tbe State’s testimony, bis Honor being of opinion tbat tbe prosecution was frivolous and malicious, so adjudged, and ordered tbat E. H. Bell and F. M. Jenkins, who bad assisted in employing counsel to aid tbe solicitor, should be marked as prosecutors; tbat tbey be taxed witb tbe costs and placed in tbe custody of tbe sheriff “till tbe costs be paid.” These parties, having duly excepted, appealed to tbe Supreme Court.
1Opinion of the CourtHoes, J.
Tbe statute of tbis State which authorizes tbe court to mark one as prosecutor in a criminal action (Revisal 1905, see. 1295) contains tbe proviso: “Tbat no person shall be made prosecutor after tbe finding of tbe bill unless be shall have been notified to show cause why be should not be made the prosecutor of record,” and by the language of this provision, or even by the very fact that notice is required, it is clearly contemplated that the parties interested shall have their cause heard, and heard, too, according to the “law of the land.” This term, “law of the land,” as used in the 17th…
2Cases cited5 opinions
- Simon v. CraftSupreme Court of the United States · 1901
- State v. . CutshallSupreme Court of North Carolina · 1892
- Parish v. East Coast Cedar Co.Supreme Court of North Carolina · 1903
- State v. . HamiltonSupreme Court of North Carolina · 1890
- State v. . RobertsSupreme Court of North Carolina · 1890
3Cited by14 opinions
- Town of Emerald Isle Ex Rel. Smith v. StateSupreme Court of North Carolina · 1987
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- State v. . SpellerSupreme Court of North Carolina · 1948
- Fowler v. AlexanderDistrict Court, M.D. North Carolina · 1972
- State v. ChisholmCourt of Appeals of North Carolina · 1999
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