State v. . Harris
Supreme Court of North Carolina
INDICTMENT for carrying concealed weapon, tried at Fall Term, 1884, of Orange Superior Court, before Philips, J. A bill of indictment against the defendant was sent to the grand jury at the fall term, 1884, of Orange superior court, which was “ ignored.” At the same term, a second or new bill was sent against the same party for the same offence before the same grand jury, and a witness other than that sent upon the first bill was sworn and sent.
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INDICTMENT for carrying concealed weapon, tried at Fall Term, 1884, of Orange Superior Court, before Philips, J. A bill of indictment against the defendant was sent to the grand jury at the fall term, 1884, of Orange superior court, which was “ ignored.” At the same term, a second or new bill was sent against the same party for the same offence before the same grand jury, and a witness other than that sent upon the first bill was sworn and sent. The second bill was returned into court “a true bill.” Thereupon the defendant’s counsel moved to quash the second bill, the court sustained the…
1Opinion of the CourtMerrimon, J.
We are unable to conceive of any adequate reason why, where the grand jury ignores a bill, a new one may not be sent for the same offence and before the same grand jury, whether reference be had to the rights of the party accused, or the orderly course of judicial procedure. The bill ignored may not be returned to the grand jury because the presentment embodied in it has passed into the record, and the bill itself has gone upon the files of the court. But another bill may be sent at once, if need be}- and the same and additional evidence laid before the grand jury to support it.
There might be…
2Cases cited3 opinions
- State v. . BranchSupreme Court of North Carolina · 1873
- Knott v. SargentMassachusetts Supreme Judicial Court · 1878
- State v. . BrownSupreme Court of North Carolina · 1879
3Cited by5 opinions
- State v. . IveySupreme Court of North Carolina · 1888
- State v. . LeeSupreme Court of North Carolina · 1894
- Gibson v. StateSupreme Court of Georgia · 1926
- State v. . LedfordSupreme Court of North Carolina · 1932
- United States v. JamesDistrict Court, W.D. Louisiana · 1960