State v. . Green
Supreme Court of North Carolina
This was an indictment for perjury, tried before Shepherd, J., at the October Term, 1887, of .the Superior Court of DURHAM. The perjury alleged to have been committed, was upon the trial of an issue joined in a civil action, tried before G. A. Barbee, a Justice of the Peace for the County of Durham, in which the defendant was plaintiff and A. M. Rigsbee was defendant.
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This was an indictment for perjury, tried before Shepherd, J., at the October Term, 1887, of .the Superior Court of DURHAM. The perjury alleged to have been committed, was upon the trial of an issue joined in a civil action, tried before G. A. Barbee, a Justice of the Peace for the County of Durham, in which the defendant was plaintiff and A. M. Rigsbee was defendant. The following is the case on appeal sent to this Court: “ The only record evidence introduced as to the action before the Justice of the Peace was the summons, from which it appeared that the defendant brought a suit against A.…
1Opinion of the Court
Davis, J.,
(after stating the facts). 1. The first ground of exception was to the refusal of the Court to charge that there was a variance between the indictment and the proof.
What amounts to a variance is a question of law, and the facts being admitted or proven, must be determined by the Court. The cases of State v. Raiford, 2 Dev., 214, and State v. Isham, 3 Hawks, 185, cited by counsel for the defendant, were issues joined on pleas of nul tiel record, and were properly tried by the Court, and not by the jury; but if the determination of the question depends upon an issue of fact, it must…
2Cases cited6 opinions
- Bond v. . CokeSupreme Court of North Carolina · 1874
- Reeves v. . DavisSupreme Court of North Carolina · 1879
- State v. . DavisSupreme Court of North Carolina · 1873
- Walton v. . JordanSupreme Court of North Carolina · 1871
- Lewis v. . McNattSupreme Court of North Carolina · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Thompson v. PeopleSupreme Court of Colorado · 1899
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. . GriffisSupreme Court of North Carolina · 1895
- Bailey v. . HesterSupreme Court of North Carolina · 1888
- State v. . IshamSupreme Court of North Carolina · 1824