State v. Pate
Supreme Court of North Carolina
INDICTMENT for murder, tried before Greene, J., and a jury at Fall Term, 1897, of Mitchell Superior Court. The indictment was as follows : “The jurors for the State upon their oaths present that Riley Pate, late of the countjr of Yancey, on the 5th day of December, 1896, with force and arms, at and in the county aforesaid, unlawfully, wil-fully, feloniously, and of his malice aforethought, did kill and murder one Mat Hensley, against the form of the Statute in such case made…
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INDICTMENT for murder, tried before Greene, J., and a jury at Fall Term, 1897, of Mitchell Superior Court. The indictment was as follows : “The jurors for the State upon their oaths present that Riley Pate, late of the countjr of Yancey, on the 5th day of December, 1896, with force and arms, at and in the county aforesaid, unlawfully, wil-fully, feloniously, and of his malice aforethought, did kill and murder one Mat Hensley, against the form of the Statute in such case made and provided, and against the peace and dignity of the State.” After arraignment, prisoner’s counsel moved to quash (1)…
1Opinion of the Court
Montgomery, J.:
The defendant was not represented in this Court by counsel and on that account we have given the whole record a most thorough and painstaking examination. The indictment contains every averment under the requirements of Chapter 58 of the Acts of 1887 to make it a complete bill of indictment for murder. Indeed, less, might have been charged in the indictment and yet the same held good and sufficient under the decision of this Court in State v. Arnold, 107 N. C., 861. In the body of the indictment the name of the person accused, the defendant, is set out, as was the County of his…
2Cases cited3 opinions
- State v. . ArnoldSupreme Court of North Carolina · 1890
- State v. . OrrellSupreme Court of North Carolina · 1826
- State v. . BakerSupreme Court of North Carolina · 1854
3Cited by8 opinions
- State v. VanceSupreme Court of North Carolina · 1991
- State v. . WilliamsSupreme Court of North Carolina · 1941
- State v. HeflerSupreme Court of North Carolina · 1984
- State v. HoltonSupreme Court of North Carolina · 1973
- State v. HeflerCourt of Appeals of North Carolina · 1983
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