Legal Opinion

State v. . Webb

Supreme Court of North Carolina

Decided April 19, 1911PublishedCited by 36 opinions

Appeal from Darnels, J., at the January Term, 1911, of Durham. Criminal action for assault with, intent, etc., beard on motion to, discharge defendant from imprisonment.

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Appeal from Darnels, J., at the January Term, 1911, of Durham. Criminal action for assault with, intent, etc., beard on motion to, discharge defendant from imprisonment. The statute upon which the motion was chiefly predicated, Revisal 1905, sec. 3155, is in terms as follows: “When any person who has been committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer in open court to be brought to his trial, shall not be indicted some time in the next term of the Superior or criminal court ensuing such commitment, the judge of the court, upon…

1Opinion of the CourtHoke, J.

Tbe right of a person formally accused of crime to a speedy and impartial trial bas been a right guaranteed to Englishmen since Magna Oharta and to all peoples basing their system of jurisprudence on tbe principles of common law. Tbe Charter of Henry III., proclaimed in further assurance of the former and to make it in some respects more specific on this especial subject, concludes as follows: “We will sell to no man; we will not deny or defer to any man either justice or right.” Creasy on the English Constitution, pp. 134 and 135 and note. Tbe principle is embodied in tbe Sixth Amendment to…

2Cases cited6 opinions

  1. State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
  2. State v. . BaileySupreme Court of North Carolina · 1871
  3. In Re HolleySupreme Court of North Carolina · 1910
  4. Ledford v. EmersonSupreme Court of North Carolina · 1906
  5. State v. . LyonSupreme Court of North Carolina · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1969
  2. State v. LowrySupreme Court of North Carolina · 1965
  3. State v. HollarsSupreme Court of North Carolina · 1965
  4. State v. HatcherSupreme Court of North Carolina · 1970
  5. State v. . MooreSupreme Court of North Carolina · 1936

31 more not listed; retrieve them via the Exa API.

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