State v. . Simons
Supreme Court of North Carolina
Indictment for assault and battery before Buxton, J.t at Anson Superior Court, Pall Term, 1872. The defendants were found guilty.
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Indictment for assault and battery before Buxton, J.t at Anson Superior Court, Pall Term, 1872. The defendants were found guilty. There was a motion in arrest of judgment, “that the prosecution having been instituted since the adoption of the present State Constitution, and for an offence committed since its adoption, it should have been entitled ‘ a criminal action ’ in the name of the-people of the State, and should have been presented as a, criminal action and not as an indictment under the old-mode.” Motion overruled, and defendant appealed. ,
1Opinion of the CourtBoyden, J.
In this case a motion to arrest the judgment, is made on the ground that the prosecution having been instituted since the adoption of the present State Constitution,, and for an offence committed since its adoption; the case should have been entitled a criminal action, and not an indictment, as in the old form.
The following is a copy of the docket of the cause as it appeared at the time of the trial:
Criminal Docket, No. 41.
State \ Defendants plead not guilty. I Simons & Allen, j
The counsel for the defendant, to sustain his motion, relies upon the following words in Article IV., sec. 1, of…
Also in this document: Per curiam.
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