Legal Opinion

State v. . Black

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 6 opinions

INDICTMENT for keeping a gaming-house, tried before Meares, Judge, at June Term, 1885, of the Criminal Court of Mecklen-burg county. The proof was, that the defendant leased, occupied and controlled two adjoining rooms in the second story of a building, situated in the city of Charlotte, for some months. That one of the rooms contained two beds, and the other, bed-room furniture.

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INDICTMENT for keeping a gaming-house, tried before Meares, Judge, at June Term, 1885, of the Criminal Court of Mecklen-burg county. The proof was, that the defendant leased, occupied and controlled two adjoining rooms in the second story of a building, situated in the city of Charlotte, for some months. That one of the rooms contained two beds, and the other, bed-room furniture. While these rooms were occupied and controlled by defendant, many persons, numbering from five or six up to as many as forty, frequently assembled therein, both by night and by day, for the purpose of betting money…

1Opinion of the CourtMerrimoN, J.

The objection, taken in this Court for the State, that the appealed did not lie, is groundless. The statute, giving the right to appeal, is broad and comprehensive, and gave the defendant the right to appeal from any final judgment, given against him, whenever the same was entered in the course of the prosecution. He did not forfeit his right of appeal by failing to appear at the trial Term, after the verdict of guilty. There is no statute, nor is there any principle of law, under which such supposed forfeiture could be incurred. Indeed, the right of appeal did not arise until the judgment…

2Cited by6 opinions

  1. James v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. State v. LawrenceCourt of Criminal Appeals of Oklahoma · 1913
  3. State v. Morgan.Supreme Court of North Carolina · 1903
  4. State v. AndersonSupreme Court of North Carolina · 1963
  5. Jones v. StateSupreme Court of Oklahoma · 1912

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