State v. . Rucker
Supreme Court of North Carolina
Indictment for murder, tried before Henry, J., at the Fall Term, 1871, of the Superior Court of Madison county. (The continuance of the case in this Court was owing to a diminution of the record, which was supplied by a certiorari.) The prisoner was charged in the bill of indictment, containing one count, with the murder of one Miza Wilson.
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Indictment for murder, tried before Henry, J., at the Fall Term, 1871, of the Superior Court of Madison county. (The continuance of the case in this Court was owing to a diminution of the record, which was supplied by a certiorari.) The prisoner was charged in the bill of indictment, containing one count, with the murder of one Miza Wilson. The charge as made was, that the prisoner, with a certain rock, a deadly weapon, “ wilfully, deliberately and of his malice aforethought, in and xvpon the head of her, the said,” &c., with a repetition of the same words in a subsequent part of the…
1Opinion of the CourtSettle, J.
The record discloses a murder shocking in its details, and the confessions of the prisoner, together with the corroborating evidence, fully warranted the jury in finding him guilty. But the bill of indictment is not only informal in many respects, hut fatally defective.
Neither the word feloniously nor the word felony is to be found in the bill of indictihent from the beginning to the end, and it is common learning, too plain to need citation of authority for its support, that the word feloniously is absolutely necessary in every indictment charging a felony, and it cannot be dispensed with or…
Also in this document: Per curiam.
2Cases cited1 opinion
- State v. . PurdieSupreme Court of North Carolina · 1872
3Cited by1 opinion
- State v. FowlerSupreme Court of North Carolina · 1966