State v. . Baker and Others
Supreme Court of North Carolina
Muedee, tried- before Mitchell, J., at a Court of Oyer ancü Terminer for Halifax, held in July 1868. The record set forth a commission from Governor Worth to Judge Mitchell, dated June 22, 1868, authorizing him to-hold the Court in question at such early time as he might, appoint; also one from Governor Holden to the same, dated July 14, 1868, giving him like authority to-hold a Court on the 27th day of July 1868. The indictment contained four counts, which charged…
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Muedee, tried- before Mitchell, J., at a Court of Oyer ancü Terminer for Halifax, held in July 1868. The record set forth a commission from Governor Worth to Judge Mitchell, dated June 22, 1868, authorizing him to-hold the Court in question at such early time as he might, appoint; also one from Governor Holden to the same, dated July 14, 1868, giving him like authority to-hold a Court on the 27th day of July 1868. The indictment contained four counts, which charged the-homicide to have been committed (1) with a stick, (2) by casting to the ground, striking, kicking and beating, (8) by…
1Opinion of the CourtReade, J.
The statute provides that, for “good cause shown, the Governor shall issue commissions of Oyer and Terminer to the Judges of the Superior Courts of law, which Courts of' Oyer and Terminer shall have jurisdiction to indict, try," &c., — Act of 1862, February 9.
“ The laws of North Carolina, not repugnant to this Constitution, or to the Constitution of the United States, shall be in force until lawfully altered” — State Constitution, Art. 4, s. 24.
Under the Constitution, the Courts are “Supreme Courts,. Superior Courts, Courts of Justice of the Peace, and Special Courts” — Art. 4, s. 4.
A Court…
2Cited by20 opinions
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