State v. . Wiseman
Supreme Court of North Carolina
Motion to discharge the prisoner from custody, on account of the withdrawal of a juror and a mistrial at the instance of the State.
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Motion to discharge the prisoner from custody, on account of the withdrawal of a juror and a mistrial at the instance of the State. The indictment (for arson) was found at Fall Term, 1871, .of Mitchell Snperior Court, and thence removed on affidavit «of defendant to McDowell county, and from thence to Yancy county, where the defendants were put on trial at Fall Term, 1872, of the Superior Court, before Henry, J. The case made out by his Honor and sent here as a part of .the transcript, on the only point material to an understanding of the opinion of the Court, states, that one Wheeler had…
1Opinion of the CourtBoyden, J.
No appeal can be taken in a State case until' after a trial and judgment against the defendant in the Court-below. An appeal cannot be taken in State cases from an interlocutory judgment, and it is only' by statute that such appeals can be taken in civil actions. State v. Bailey, 65 N. C. Rep., 426, and State v. Jefferson, 66 N. C. Rep., 309. The-’ appeal in this case must therefore be dismissed.
This case being now before the Court, as upon a writ of Certiorari, that raises the question as to the power of th& Court below to withdraw a juror and make a mistrial.
It must now be considered as…
2Cases cited2 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . BaileySupreme Court of North Carolina · 1871
3Cited by34 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- Hawes v. StateSupreme Court of Alabama · 1889
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. BealSupreme Court of North Carolina · 1930
- State v. CutshallSupreme Court of North Carolina · 1971
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