Legal Opinion

State v. . Overton

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 8 opinions

MotioN for an Order'to release the defendant heard at Spring Term, 1876, of Beaufort Superior Court, before Eure, J. The ground upon which this motion was based is sufficiently stated by Mr. Justice Beade in delivering the opinion of this Court. His Honor overruled the motion and the defendant appealed.

1Opinion of the CourtReade, J.

The defendant had been tried and convicted of murder in the Court below and appealed to this Court, and this-Court decided (75 N. C. 200) that there was no error in the record of the trial and conviction, and ordered its decision to be certified to the Court below, to the end that the Court below might proceed to judgment and execution. When the defendant was called to receive the judgment of the Court, he objected ; — that judgment ought not to be rendered because he had been improperly convicted and denied his constitutional right; in that, he had not been present in this Court when his…

2Cited by8 opinions

  1. State v. . GrahamSupreme Court of North Carolina · 1945
  2. Ex Parte SparksCourt of Criminal Appeals of Oklahoma · 1913
  3. State v. . SchlichterSupreme Court of North Carolina · 1927
  4. Vowell v. StateTennessee Supreme Court · 1915
  5. Stuckey v. StateCourt of Criminal Appeals of Oklahoma · 1930

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