State v. . Barnes
Supreme Court of North Carolina
Motion to quash a bill of indictment, heard before Manly, J\, at the last Superior Court of Hertford county. The motion was made upon the calling of the case and before a plea was entei'ed by the defendant. The ground of the motion was, that it did not appear any evidence was before the grand jury, upon which it was found.
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Motion to quash a bill of indictment, heard before Manly, J\, at the last Superior Court of Hertford county. The motion was made upon the calling of the case and before a plea was entei'ed by the defendant. The ground of the motion was, that it did not appear any evidence was before the grand jury, upon which it was found. The evidence relied on by the State, consisted of the name of a witness endorsed on the bill by the solicitor, under which were the printed words: “ The witness mark thus ——, sworn and sent” subscribed below which, was the name of the clerk of the court. There was no mark,…
1Opinion of the CourtBattle, J.
It is settled, that if a bill of indictment be found without evidence, or upon' illegal evidence, ns, upon the testimony of witnesses not sworn in court, the defendant may take advantage of it by a plea in abatement, or upon a motion to quash the bill; State v. Cain, 1 Hawk’s Rep. 352. But it is not a ground for arresting the judgment after a verdict upon a plea in bar; State v. Roberts, 2 Dev. and Bat. Rep. 540. Here, the objection was brought forward in proper time and manner, and the only question is, whether his Honor, in the Court below, erred in ordering the bill to be quashed under the…
2Cited by1 opinion
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