State v. . Birmingham
Supreme Court of North Carolina
Appeal from Anson Superior Court of law, Spring Term, 1852, his Honor, Judge Ellis, presiding. The defendant was indicted for retailing spirituous liquor to one John Smith. Pleas — not guilty and former acquittal. Upon the trial, the jury returned a special verdict, as follows : “ That the defendant was guilty of selling spirituous liquors to “John Smith, as charged in the bill of indictment.
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Appeal from Anson Superior Court of law, Spring Term, 1852, his Honor, Judge Ellis, presiding. The defendant was indicted for retailing spirituous liquor to one John Smith. Pleas — not guilty and former acquittal. Upon the trial, the jury returned a special verdict, as follows : “ That the defendant was guilty of selling spirituous liquors to “John Smith, as charged in the bill of indictment. And they “ further find that a previous trial had taken place upon the same “ facts, on an indictment charging the sale to be to a person un- “ known, and the defendant was acquitted because it appeared…
1Opinion of the CourtNash, C. J.
The defendant pleads that he was heretofore tried and acquitted for the same offence. This is a bar to the indictment, if found to be true, and is founded upon the principle of the common law, that no one shall be brought into jeopardy of his life more than once for the same offence. And hence, says Justice Blackstone, it is allowed as a consequence, that when a man is once fairly found not guilty upon any indictment for any offence, before any Court having competent jurisdiction of the crime, hé may plead it as a bar to any subsequent accusation for the same crime. 4 Bl. Com., 335. In order,…
2Cited by13 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. HicksSupreme Court of North Carolina · 1951
- State v. . NashSupreme Court of North Carolina · 1882
- State v. . MidgettSupreme Court of North Carolina · 1938
- State v. . HookerSupreme Court of North Carolina · 1907
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