State v. . May
Supreme Court of North Carolina
INDICTMENT for barn-burning, tried before Graham, J., and a jury, at January, 1895, Special Term of Lenoir Superior Court. The defendant was convicted and appealed from a refusal of his motion in arrest of judgment for defects in bill of indictment.
1Opinion of the Court
Clark, J.:
The transcript fails to show that the court was held by a judge at the time and place required by law ; that a grand jury was drawn, sworn and charged, and presented the indictment, and there are other defects. It is the duty of the appellant to have the record sent up, and when it is in such condition as above stated usually the Court will dismiss the appeal, unless it is shown that the appellant was guilty of no laches, otherwise the appellant could always procure six months’ delay by simply failing to have a sufficient record sent up. State v. McDowell, 93 N. C., 541; State v.…
2Cases cited3 opinions
- State v. . FarrarSupreme Court of North Carolina · 1889
- State v. RogersSupreme Court of North Carolina · 1886
- State v. . McDowellSupreme Court of North Carolina · 1885
3Cited by10 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- State v. . StaffordSupreme Court of North Carolina · 1932
- State v. StubbsSupreme Court of North Carolina · 1965
- State v. . BarnhillSupreme Court of North Carolina · 1923
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