State v. . Norman
Supreme Court of North Carolina
From Guilford. The Prisoner was tried on the last circuit before ids honor Judge. Martin, on the following indictment: “The furors &c. on their oath present, that T. iK late of &c. on &c. in &c. did marry one JU. B. spinster, and tier the said JH.
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From Guilford. The Prisoner was tried on the last circuit before ids honor Judge. Martin, on the following indictment: “The furors &c. on their oath present, that T. iK late of &c. on &c. in &c. did marry one JU. B. spinster, and tier the said JH. B. then and there had for his wife, ai d that the said T. N, afterwards, to-wit.on &c. v ilh force and arms, in &c. feloniously did marry and take to ■wife one P. S. spinster, and to her the said P. S. then and there was married, the said M. B. Iris former wife being then alive, and in full life in &c. Against the form of the acts of the General…
1Opinion of the Court
Henderson Chief-Justice.
We find in the acts of our Legislature, two kinds of provisoes — the one in the nature of an exception, which withdraws the case provided for from the operation of tiie act, the other adding a qualification, whereby a case is brought within that operation. Where the proviso is of the first kind, it is not necessary in an indictment, or other charge founded upon the act, to negative tiie proviso ; but if the case is within the proviso, it is left to the Defendant to show that fact, by way of defence. But in a prov iso of the latter description, the indictment must bring…
2Cited by31 opinions
- State v. SturdivantSupreme Court of North Carolina · 1981
- State v. . DavisSupreme Court of North Carolina · 1939
- State v. RankinSupreme Court of North Carolina · 2018
- State v. CallSupreme Court of North Carolina · 1897
- State v. . WilliamsSupreme Court of North Carolina · 1944
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