State v. . Powell
Supreme Court of North Carolina
INDICTMENT for assault and battery,, tried at Fall Term,. 1881, of Anson Superior Court, before Graves, J. The defendants, Powell and Edwards, were charged in a magistrate’s warrant with committing an assault upon the person of the complainant, Henry Waddell. Upon the trial the defendants were acquitted, and the case dismissed at the costs of the prosecutor who thereupon appealed to the superior court.
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INDICTMENT for assault and battery,, tried at Fall Term,. 1881, of Anson Superior Court, before Graves, J. The defendants, Powell and Edwards, were charged in a magistrate’s warrant with committing an assault upon the person of the complainant, Henry Waddell. Upon the trial the defendants were acquitted, and the case dismissed at the costs of the prosecutor who thereupon appealed to the superior court. When the case was called in that court the defendants moved to dismiss the proceedings on the ground that it did not appear from the transcript of the justice that the prosecutor had authorized…
1Opinion of the CourtSmith, C. J.
To guard the liberty of the citizen against the exercise of oppressive power in the new state government about to be formed, the authors of the constitution of 1776 inserted a provision in the declaration of fundamental rights, that no freeman should “ be put to answer any criminal charge but by indictment, presentment or impeachment, nor be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court, as heretofore used, §§ 8 and 9.
These sections are modified in the constitution of 1868, the first, so as to admit of the exception contained in an…
2Cases cited8 opinions
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . SwepsonSupreme Court of North Carolina · 1880
- State v. . MooreSupreme Court of North Carolina · 1881
- State v. . CredleSupreme Court of North Carolina · 1869
- State v. . TylerSupreme Court of North Carolina · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- State v. . ByrdSupreme Court of North Carolina · 1885
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. RidenbaughIdaho Supreme Court · 1897
- State v. . KoonceSupreme Court of North Carolina · 1891
19 more not listed; retrieve them via the Exa API.