State v. . Calhoon
Supreme Court of North Carolina
The defendant was convicted of murder at Guilford, on the last Circuit, and on his behalf a motion was made in arrest of judgment.
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The defendant was convicted of murder at Guilford, on the last Circuit, and on his behalf a motion was made in arrest of judgment. It is stated in the transcript to have been founded on the following reasons. 1st. That «the caption of the record of the sitting of the Court, was not written in full, the entry on the minutes being * October Term, 1835: Present, the Hon’ble William Norwood, Judge.’ ” 2. That “ the name of the prisoner, John Cal-hoon, was incorrectly spelt ‘ John Calhoun’ on the minutes of the trial,” — as to which it is stated in the transcript, that by order of the Court at the…
1Opinion of the Court
Ruffin, Chief Justice,
having stated the case as above, proceeded: — Whatever foundation in truth there may have been for the allegations of fact, contained in the two first reasons, at the time they were offered in the Superior Court, there is none now. In the transcript sent up, the prisoner’s name appears the same throughout; and the term of the Court, as established by law, to have “ begun and held on the fourth Monday, after the fourth Monday of September, &c. at the Court-house, &c.” If the allegations of the prisoner were true at the time, and the record had been so made up, and brought…
2Cited by6 opinions
- State v. HouseSupreme Court of North Carolina · 1978
- State v. Sultan.Supreme Court of North Carolina · 1906
- State v. McBroom.Supreme Court of North Carolina · 1900
- State v. . VincentSupreme Court of North Carolina · 1814
- State v. McBroom.Supreme Court of North Carolina · 1900
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