Legal Opinion

State v. . Moore

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 13 opinions

Indictment for an Affray, tried at Fall Term, 1879, of Iredell Superior Court, before Schenclc, J. The defendants, Snow Moore and William Sloop, were tried and convicted on an indictment for an affray in the-usual form. It was in proof that the defendant, Moore, struck his co-defendant with a stick loaded in the end with lead, and knocked out his eye.

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Indictment for an Affray, tried at Fall Term, 1879, of Iredell Superior Court, before Schenclc, J. The defendants, Snow Moore and William Sloop, were tried and convicted on an indictment for an affray in the-usual form. It was in proof that the defendant, Moore, struck his co-defendant with a stick loaded in the end with lead, and knocked out his eye. The counsel for defendants moved in arrest of judgment because the indictment did not allege that a deadly weapon was used nor serious damage done; and because the indictment did not charge that the affray occurred more than six months before…

1Opinion of the CourtAsiie, J.

This ease presents one of the numerous questions of jurisdiction, which are constantly arising from hasty and inadvertent legislation on the subject of the distribution of the judicial powers of the government among the different courts of the state. Judges and justices are in doubt as to their jurisdiction in many cases. Solicitors are at a loss how to frame their bills. And the consequence is, litigation is increased and expenses incurred by the very legislation which was intended to simplify and cheapen legal proceedings. This very case now before us is an instance of this uncertainty in…

2Cited by13 opinions

  1. State v. RorieSupreme Court of North Carolina · 1960
  2. State v. . CunninghamSupreme Court of North Carolina · 1886
  3. State v. . TaylorSupreme Court of North Carolina · 1881
  4. State v. . PorterSupreme Court of North Carolina · 1888
  5. State v. . ReavesSupreme Court of North Carolina · 1881

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