State v. . Holt
Supreme Court of North Carolina
INDICTMENT for cruelty to animals, tried at January Term, 1884, of Wake Superior Court, before Shepherd, J. The defence is former conviction, the plea being set out in the record.
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INDICTMENT for cruelty to animals, tried at January Term, 1884, of Wake Superior Court, before Shepherd, J. The defence is former conviction, the plea being set out in the record. And then comes the following: “The court heard said plea upon the following facts agreed between the state and the defendant, to-wit: that the defendant at June term, 1883, of said court, came into court in his own proper person and entered his plea of guilty to a bill of indictment then pending, to-wit, an indictment for cruelty to certain domestic animals described as 'game cocks’; that it was stated to His Honor,…
1Opinion of the Court
MerrimON,. J.
The defendant indicted under The Code, §§2482 and 2483, prohibiting “cruelty to animals.” He pleaded “former conviction.” The case was called for trial. It does not ajrpcar that the defendant waived or undertook to waive his right to a trial by jury, but the case states that it was “ agreed between the state and the defendant” that a statement of facts submitted to the court were the facts of the case. This statement was not submitted iu the shape of a special verdict, but it seems that it was intended to be so treated.
The court, upon, consideration of the facts thus submitted,…
2Cases cited2 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- State v. . StewartSupreme Court of North Carolina · 1883
3Cited by30 opinions
- Singer v. United StatesSupreme Court of the United States · 1965
- State v. BlackwellSupreme Court of North Carolina · 2006
- State v. LewisSupreme Court of North Carolina · 1968
- State v. HamiltonCourt of Appeals of North Carolina · 1985
- State v. HamiltonCourt of Appeals of North Carolina · 1985
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