State v. . Bass
Supreme Court of North Carolina
Certiorari granted on petition of defendants at January Term, 1880, of The Supreme Court. This was an indictment for burglary and larceny tried at Fall Term, 1879, of Halifax Superior Court, before Avery, J. A nolle prosequi was entered as to the count for burglary, and the defendants were tried on the count for larceny. An appeal was taken from an interlocutory order of His Honor and dismissed in this court.
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Certiorari granted on petition of defendants at January Term, 1880, of The Supreme Court. This was an indictment for burglary and larceny tried at Fall Term, 1879, of Halifax Superior Court, before Avery, J. A nolle prosequi was entered as to the count for burglary, and the defendants were tried on the count for larceny. An appeal was taken from an interlocutory order of His Honor and dismissed in this court. Thereupon on petition of defendants an order was made to have a transcript of the record sent up. The facts material to the question decided are sufficiently stated in the opinion.
1Opinion of the CourtDillard, J.
In the case now before us the defendants were indicted and put to trial for larceny, and the jury not being able to agree, by order of the court a juror was withdrawn and a mistrial entered without the consent of the defendants, and thereupon they moved for their discharge, which was refused. Failing in that motion, they then requested His Honor to find and have entered of record the facts touching the discharge of the jury, and this being refused, the defendants brought the case to this court by cer-tiorari.
The question presented is, whether in a case of larceny punishable by imprisonment in…
2Cases cited7 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . WisemanSupreme Court of North Carolina · 1873
- State v. . McGimseySupreme Court of North Carolina · 1879
- State v. . DavisSupreme Court of North Carolina · 1879
- State v. . JohnsonSupreme Court of North Carolina · 1876
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3Cited by8 opinions
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- State v. . GuiceSupreme Court of North Carolina · 1931
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