State v. . Curtis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of McDowell County, at the Spring Term, 1846, his Honor Judge Peak-son presiding. The following case was reported by the Judge : This was an indictment for perjury. The Solicitor, acting for the State, read in evidence a State’s warrant and the proceedings of the committing magistrate thereon.
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Appeal from the Superior Court of Law of McDowell County, at the Spring Term, 1846, his Honor Judge Peak-son presiding. The following case was reported by the Judge : This was an indictment for perjury. The Solicitor, acting for the State, read in evidence a State’s warrant and the proceedings of the committing magistrate thereon. The warrant was against Archibald M. Hemphill, Benjamin C. Hemphill, Jesse Watkins and John R. Hemp-hill, charging them with an assault and battery on the present defendant. These parties were all arrested except B. C. Churchill, and brought before one Padget, a…
1Opinion of the CourtDaniel, J.
The defendant was indicted for Perjury, He pleaded “ not guilty.” By the record sent up, it appears, that the jury found a general verdict of guilty against the defendant. The Judge, therefore, had either to pronounce the sentence of the law on motion, or grant a new trial. The record then further states, that the “ question reserved coming on for consideration, the Court was of opinion with the defendant, and a verdict of not guilty entered.” The jury had not asked the advice of the Court, in a special verdict, whether the defendant was guilty or not, or found a verdict subject to the…
2Cited by1 opinion
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