State v. . Harrison
Supreme Court of North Carolina
Amendment — Finding Indictments — Record—Arresting Judgment — Appeal from Inferior Court. This was an appeal from the judgment of MacRae, J., rendered at Spring Term, 1889, of Edgecombe Superior Court, arresting a judgment in the Inferior Court.
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Amendment — Finding Indictments — Record—Arresting Judgment — Appeal from Inferior Court. This was an appeal from the judgment of MacRae, J., rendered at Spring Term, 1889, of Edgecombe Superior Court, arresting a judgment in the Inferior Court. It appears by the record that at August Term, 1888, of the Inferior Court of Edgecombe County, the grand jury returned into Court an indiclment, whereih and whereby Alice Harrison, the present appellee, is charged with “attempt to poison,” and on the back thereof is the entry, “ a true bill.” At the January Term, 1889, of that Court, the said Alice…
1Opinion of the CourtMerrimon, J.
— after stating the case: The motion in arrest of judgment should not have been allowed, certainly, in the present state of the record, because the matter assigned as the ground of it did not appear on the face of the record. The grounds of such motions must appear upon the face of the record proper and present, affirmatively or negatively, such fatal defects in it as render it improper to give judgment upon it. The Court seeing such defect will not — can not, properly—proceed to judgment. The essential groundwork of it in such cases does not appear, and there is no proper foundation on which…
2Cases cited3 opinions
- State v. . DavisSupreme Court of North Carolina · 1879
- State v. . SwepsonSupreme Court of North Carolina · 1879
- State v. . HortonSupreme Court of North Carolina · 1869
3Cited by7 opinions
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. . BurtonSupreme Court of North Carolina · 1893
- State v. . BrownSupreme Court of North Carolina · 1932
- State v. . BobbittSupreme Court of North Carolina · 1874
- State v. . GeorgeSupreme Court of North Carolina · 1885
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