State v. . Blackburn
Supreme Court of North Carolina
INDICTMENT for Murder tried at Spring Terra, 1878, of Pender Superior Court, before Eure, J. The bill was found at fall term, 1877, of Sampson superior court, and at the following term an order was made on affidavit of prisoner, after his arraignment and plea of not guilty, to remove the case to Pender, and when it was called, the prisoner moved to quash the bill, for that, it had been found by an incompetent grand jury — one of whom not having paid his taxes for the…
Read the full summary
INDICTMENT for Murder tried at Spring Terra, 1878, of Pender Superior Court, before Eure, J. The bill was found at fall term, 1877, of Sampson superior court, and at the following term an order was made on affidavit of prisoner, after his arraignment and plea of not guilty, to remove the case to Pender, and when it was called, the prisoner moved to quash the bill, for that, it had been found by an incompetent grand jury — one of whom not having paid his taxes for the preceding year, which fact came to his knowledge after the order for removal was made. Motion refused and prisoner excepted.…
1Opinion of the CourtAshe, J.
Since the argument of this case, a petition has been presented to this court for a certiorari to supply alleged omissions in the statement of the case made out by the judge before whom it was tried. To grant the petition, would establish a precedent for a practice that would lead to the greatest confusion and uncertainty in the administration of the criminal law. This court can only look to the record and the statement of the case made by the judge which accompanies it, to see whether there was error in the proceedings of the court below by which the prisoner has been prejudiced. A different…
2Cited by16 opinions
- Carver v. United StatesSupreme Court of the United States · 1897
- State v. MayoWashington Supreme Court · 1906
- State v. . DebnamSupreme Court of North Carolina · 1942
- State v. . BordeauxSupreme Court of North Carolina · 1885
- State v. RorieSupreme Court of North Carolina · 1962
11 more not listed; retrieve them via the Exa API.