State v. . Davis
Supreme Court of North Carolina
Indictment for Rape tried at Fall Terra, 1878,. of Johnston Superior Court, before Buxton, J. This was an indictment for rape found at spring term,. 1878, of Franklin superior court, and issue being joined on prisoner’s plea of1 hot guilty, a jury were regularly formed, and charged to pass on said issue; and the jury not being-able to agree on a verdict, were discharged at 12 o’clock Saturday night of the second week of the term and an entry thereof made by the clerk on the…
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Indictment for Rape tried at Fall Terra, 1878,. of Johnston Superior Court, before Buxton, J. This was an indictment for rape found at spring term,. 1878, of Franklin superior court, and issue being joined on prisoner’s plea of1 hot guilty, a jury were regularly formed, and charged to pass on said issue; and the jury not being-able to agree on a verdict, were discharged at 12 o’clock Saturday night of the second week of the term and an entry thereof made by the clerk on the record in these words,— “juror withdrawn, mistrial, new trial granted by consent of counsel at 12 o’clock Saturday night…
1Opinion of the CourtDillard, J.
(After stating the case.) It is a fundamental principle in criminal procedure that a man shall not be subject for the same offence to be twice putin jeopardy of life or limb, audits authority rests on a clause in the fifth article of the amendments to the constitution of the United States, which being a part of the supreme law of the land, is obligatory on all judicial tribunals, whether state or federal. And if it be not accepted as resting on this basis, it may at least be agreed, that it is a principle of the common law, and as such, of the same force in our state as if made authoritative…
2Cases cited7 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . WisemanSupreme Court of North Carolina · 1873
- State v. . BaileySupreme Court of North Carolina · 1871
- State v. . StorkeySupreme Court of North Carolina · 1868
- Watson v. . DoddSupreme Court of North Carolina · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- State v. BrittSupreme Court of North Carolina · 1977
- Shular v. StateIndiana Supreme Court · 1886
- State v. CrockerSupreme Court of North Carolina · 1954
- State v. . WhitsonSupreme Court of North Carolina · 1892
19 more not listed; retrieve them via the Exa API.