State v. . Divine and Another
Supreme Court of North Carolina
Indictment for keeping a disorderly house, tried before Russell, J., at the January Term, 1873, of New Hanover Superior Court. The defendants were charged with keeping a disorderly house by indictment, drawn in [accordance with precedents in Chitty’s Crim. Law, and in the Court below were found guilty.
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Indictment for keeping a disorderly house, tried before Russell, J., at the January Term, 1873, of New Hanover Superior Court. The defendants were charged with keeping a disorderly house by indictment, drawn in [accordance with precedents in Chitty’s Crim. Law, and in the Court below were found guilty. The record states: “ From the above judgment the said John Divine and William Brooks pray an appeal to the Supreme Court, and it appearing to the satisfaction of the Court here, that the said John Divine and William Brooks are insolvent, the said John Divine and William Brooks are allowed to…
1Opinion of the CourtSettle, J.
There is no case before us. The Act of 1869-’70, chap. 196, entitled, “ An act to enable poor persons to appeal to the Supreme Court in State cases,” give the right of appeal to insolvent defendants upon their complying with certain requisites specified in the Act. The record sent up states that “it appearing to the satisfaction of the Court here,, that the said John Divine and William Brooks are insolvent, they are allowed to appeal without security.”
The insolvency of the party is not alone sufficient to entitle him to the benefits of this act; it must also appear by the affidavit, which…
2Cited by11 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- State v. . StaffordSupreme Court of North Carolina · 1932
- State v. . SmithSupreme Court of North Carolina · 1910
- State v. . MooreSupreme Court of North Carolina · 1885
- State v. . PayneSupreme Court of North Carolina · 1885
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