State v. . Deyton
Supreme Court of North Carolina
INDICTMENT for carrying concealed weapons, tried before Bryan, J., and a jury, at Fall Term, 1895, of Yanoey Superior Court. The jury rendered a special verdict as follows : “ The jury find that the defendant carried the pistol concealed about his person in Yancey county, N. 0., during the summer of 1894, as alleged in the bill.
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INDICTMENT for carrying concealed weapons, tried before Bryan, J., and a jury, at Fall Term, 1895, of Yanoey Superior Court. The jury rendered a special verdict as follows : “ The jury find that the defendant carried the pistol concealed about his person in Yancey county, N. 0., during the summer of 1894, as alleged in the bill. They further find that at the time he carried the pistol, he was engaged by the day to work for one M. P. Honeycutt, on his (Honeycutt’s) possession ; that he had worked some 4 or 5 days when the pistol was seen on his person at said Honeycutt’s ; that he worked some…
1Opinion of the Court
ClabK, J.:
This is an appeal by the State upon a special verdict at Pall Term of YaNCey Superior Court October, 1895. It might readily have been docketed here at Pall Term, 1895, and should have been at the latest during Spring Term, 1896, or if the failure to do so was not the negligence of the appellant, a writ of certiorari should have been asked at Spring Term, and as neither was done it is too late to docket the appeal at this Term. Rule 5 of this Court: Porter v. Railroad, 106 N. C., 478; Hinton v. Pritchard, 108 N. C., 412. The rule applies in both civil and criminal cases, and there is…
2Cases cited5 opinions
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
- State v. . HatchSupreme Court of North Carolina · 1895
- State v. . TerrySupreme Court of North Carolina · 1885
- State v. . NashSupreme Court of North Carolina · 1891
- Hinton v. . PritchardSupreme Court of North Carolina · 1891
3Cited by8 opinions
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
- Fain v. Southern Railway Co.Supreme Court of North Carolina · 1902
- State v. Telfair.Supreme Court of North Carolina · 1905
- Caldwell v. . WilsonSupreme Court of North Carolina · 1897
- Turner v. McKeeSupreme Court of North Carolina · 1904
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