State v. . Cooper
Supreme Court of North Carolina
Criminal Proceedings — Jurisdiction. This was an Indictment for disturbing a school (under § 2592 of The Code), tried under Merrimon, J., at the Spring Term, 1889, of the Superior Court of Graham County.
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Criminal Proceedings — Jurisdiction. This was an Indictment for disturbing a school (under § 2592 of The Code), tried under Merrimon, J., at the Spring Term, 1889, of the Superior Court of Graham County. The offence was committed on the 27th of December, 1887, and a presentment of it was made by the grand jury at a term of. the Court begun June 4th, 1888, within six months afterwards, The indictment was found at a term begun on the 27th of October, 1888. There was no evidence that any Justice of the Peace had taken cognizance of the case before it was tried at said Spring Term, 1889. On the…
1Opinion of the CourtAvery, J.
— after stating the facts: The prosecution of a criminal action is begun when the grand jury presents in Court a paper, charging that a person mentioned therein committed an offence, designated by its technical name, or by a description equivalent to giving such name, and the presentment so made is recorded in the minutes of the Court. If the Clerk neglects to enter it, the Court may subsequently cause a record of the presentment to be made, or of the time when it was brought in by the grand jury. In determining1 the question, whether a prosecution is barred by the statute of limitations, it…
2Cited by1 opinion
- State v. . CarpenterSupreme Court of North Carolina · 1892