Legal Opinion

State v. . Caldwell

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 5 opinions

Indictment for murder, tried before Meares, J., at August Term, 1894, of the Criminal Court of Mecklenburg County. The defendant was charged with the murder of one Bob Nelson, upon the following bill of indictment, viz.: “ The jurors for the State, upon their oath, present that Sam ■ Caldwell, late of Mecklenburg County, at and in said county, on the 10th day of May, 1894, with force and arms, did felo-niously, wilfully, and of his malice aforethought, kill and murder Bob…

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Indictment for murder, tried before Meares, J., at August Term, 1894, of the Criminal Court of Mecklenburg County. The defendant was charged with the murder of one Bob Nelson, upon the following bill of indictment, viz.: “ The jurors for the State, upon their oath, present that Sam ■ Caldwell, late of Mecklenburg County, at and in said county, on the 10th day of May, 1894, with force and arms, did felo-niously, wilfully, and of his malice aforethought, kill and murder Bob Nelson, against the form of the statute in such cases made and provided, and against the peace and dignity of the State.”…

1Opinion of the Court

Shepherd, C. J.:

There are several exceptions in the record, but the only one argued by counsel in this Court involves the validity of the Act of 1891, ch. 68, which pro vides that “ if a mortal wound is given, or other violence or injury inflicted, or poison is administerd on the high seas or land, either within or without the limits of this State, by means whereof death ensues in any county thereof, said offence may be prosecuted and punished in the county where the death happens.” This statute is the same, in totiden ver-bis, as the Acts of Massachusetts and Michigan, and is substantially…

2Cases cited9 opinions

  1. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  2. Spies v. IllinoisSupreme Court of the United States · 1887
  3. Fox v. OhioSupreme Court of the United States · 1847
  4. Cook v. United StatesSupreme Court of the United States · 1891
  5. State v. HallSupreme Court of North Carolina · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. . BrightSupreme Court of North Carolina · 1939
  2. State v. BrownSupreme Court of North Carolina · 1965
  3. State v. . FranklinSupreme Court of North Carolina · 1926
  4. State v. . AlexanderSupreme Court of North Carolina · 1920
  5. Edge v. StateTennessee Supreme Court · 1906

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