State v. . Hinson
Supreme Court of North Carolina
INDICTMENT for murder. The prisoner was indicted for the murder of Jim Crawford in the First Criminal Circuit Court for Meck-lenburg County, held by Sutton, J., at June Term, 1898, and was found guilty of murder in the first degree. From the judgment pronounced he appealed to the Superior Court of Mecklenburg County, and his appeal came on to be heard at October Term, 1898, of the Superior Court before Starbucks, J. The prisoner claimed a trial ele no.vo.
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INDICTMENT for murder. The prisoner was indicted for the murder of Jim Crawford in the First Criminal Circuit Court for Meck-lenburg County, held by Sutton, J., at June Term, 1898, and was found guilty of murder in the first degree. From the judgment pronounced he appealed to the Superior Court of Mecklenburg County, and his appeal came on to be heard at October Term, 1898, of the Superior Court before Starbucks, J. The prisoner claimed a trial ele no.vo. The Solicitor contended that only questions of law arising in the case should be passed upon. His Honor adjudged that the defendant is…
1Opinion of the Court
Faikcloth, C. J.:
The defendant was indicted in the Circuit Criminal Court of Mecklenburg County for murder and convicted. The case was certified to the Superior Court of said county, and there the defendant claimed the right to have his case tried on its merits before a jury.
The Solicitor of the Superior Court contended that his Honor should only hear and pass upon questions of law presented in the record from the Criminal Court. His Honor ruled that the defendant was entitled to a trial de novo in the Superior Court, and the Solicitor appealed.
The appeal must be dismissed, as it is not one…
2Cases cited5 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- State Ex Rel. Tate v. Commissioners of Haywood CountySupreme Court of North Carolina · 1898
- State v. . MooreSupreme Court of North Carolina · 1881
- State v. Bennie Ray.Supreme Court of North Carolina · 1898
- State v. . ThompsonSupreme Court of North Carolina · 1880
3Cited by7 opinions
- State v. . DavidsonSupreme Court of North Carolina · 1899
- State v. . McCollumSupreme Court of North Carolina · 1940
- State Ex Rel. North Carolina Utilities Commission v. Old Fort Finishing PlantSupreme Court of North Carolina · 1965
- State v. . SaverySupreme Court of North Carolina · 1900
- State v. . BostSupreme Court of North Carolina · 1899
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