State v. Mayhew
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at tbe April Term, 1910, of WayNE. Tbis is an appeal by tbe Commissioners of Union County from an order of bis Honor retaxing tbe costs or fees due tbe solicitor in above case.
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Appeal from 0. H. Allen, J., at tbe April Term, 1910, of WayNE. Tbis is an appeal by tbe Commissioners of Union County from an order of bis Honor retaxing tbe costs or fees due tbe solicitor in above case. Tbe following are tbe findings and judgment: 1. Tbat at January Criminal Term of Union County tbe solicitor sent a' bill of indictment before tbe grand jury, charging George Maybew and two others witb murder in tbe first degree, and tbat said indictment was returned into open court ,on Monday, 28 January, indorsed “A true bill.” 2. Tbat on 31 January at said term tbe solicitor afinounced…
1ConcurrenceWalker, J.
I agree that there is error in tbe judgment, but not for tbe reason stated by tbe majority.
Tbe definition in the opinion of the Court of tbe word “prosecution,” as being tbe whole or any part of tbe procedure which tbe law provides for bringing offenders to justice, is statutory and was taken from a Texas enactment. It does not conform to tbe accepted definition of tbe word, but was evidently intended, for some reason, to modify it. Tbe courts have generally adopted Chief Justice Marshall’s definition, as given in tbe opinion of tbe Chief Justice. Tbe Court, in Buecker v. Carr, 60 N. J. Eq.,…
2Cases cited2 opinions
- Coward v. Commissioners.Supreme Court of North Carolina · 1904
- Schulte v. Keokuk CountySupreme Court of Iowa · 1888