State v. . Bailey
Supreme Court of North Carolina
This was an indictment for larceny, with a count for receiving stolen goods, tried before Pool, J., at Spring Term, 1871, of Bertie Superior Court. The defendant had pleaded “ not guilty,” when the jury wasempanneled, and three witnesses had been examined on the' part of the State.
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This was an indictment for larceny, with a count for receiving stolen goods, tried before Pool, J., at Spring Term, 1871, of Bertie Superior Court. The defendant had pleaded “ not guilty,” when the jury wasempanneled, and three witnesses had been examined on the' part of the State. The Court was then adjourned tor the-night, and the jury permitted to separate, with the usual instructions not to discuss the case amongst themselves, nor to-allow others to speak of the matter to them. On the meeting of the Court next morning, the Solicitor offered certain exporte affidavits of indifferent…
1Opinion of the CourtBotden, J.
At common law, there was no appeal from the decision of any of the Courts, high or low, and these decisions. could only be reviewed by writ of error, or writ of false judgment.
By our law, appeals are used'as a substitute for those writs, and these writs were always after a final judgment in the Court where the suits were tried; and appeals being by our law a substitute for writs of error and false judgment, were always alter a final decision, until the act of 1831-2,Rev. Code, chap. 35, sec. 2, entitled “ an act to allow appeals to the Supreme Court from interlocutory judgments, orders, and…
2Cases cited1 opinion
- State v. . Prince .Supreme Court of North Carolina · 1869
3Cited by29 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . WebbSupreme Court of North Carolina · 1911
- State v. . WisemanSupreme Court of North Carolina · 1873
- State v. BerrymanSupreme Court of North Carolina · 2006
- State v. . BellSupreme Court of North Carolina · 1879
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