State v. . Andrews
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at'January Term, 1914, of Guilford. Indictment for abandonment. There was evidence offered by tbe State witb a view of supporting tbe bill of indictment.
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Appeal by defendant from Lane, J., at'January Term, 1914, of Guilford. Indictment for abandonment. There was evidence offered by tbe State witb a view of supporting tbe bill of indictment. At tbe close of tbe State’s testimony, tbe case on appeal shows tbe following proceedings as transcribed from tbe minute docket entries: “Tbe defendant’s counsel moved tbe court to dismiss the bill of indictment, on tbe ground that tbe testimony of tbe State, in tbe light most favorable to its contentions, did not show any offense to have been committed, but showed, on tbe contrary, that no offense bad been…
1Opinion of the CourtIIoKE, J.
Tbe order of bis Honor, making present disposition of tbe cause, was one directing tbat a juror be withdrawn and a mistrial bad, and it bas been uniformly beld witb us tbat sucb an order presents no case for appeal in a criminal action, but, in misdemeanors and felonies less than capital, the matter is referred by our law to tbe discretion of tbe trial judge. S. v. Thomas Hunter, 143 N. C., 607; S. v. Bass, 82 N. C., 576; S. v. Weaver, 35 N. C., 203. In S. v. Weaver, Nash, J., delivering tbe opinion, quotes witb approval from S. v. Morrison, 20 N. C., 115: “Tbat it must, from tbe reason and…
2Cases cited10 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . WebbSupreme Court of North Carolina · 1911
- State v. . HunterSupreme Court of North Carolina · 1907
- State v. . BaileySupreme Court of North Carolina · 1871
- State v. . LyonSupreme Court of North Carolina · 1885
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3Cited by13 opinions
- State v. BallSupreme Court of North Carolina · 1971
- State v. HumblesSupreme Court of North Carolina · 1954
- State v. . LowrySupreme Court of North Carolina · 1915
- State v. . GuiceSupreme Court of North Carolina · 1931
- State v. . DoveSupreme Court of North Carolina · 1942
8 more not listed; retrieve them via the Exa API.