State v. Lewis
Supreme Court of North Carolina
INDICTMENT against Zeke Lewis, beard by Judge T. J. Shaw at tbe July Special Term, 1906, of tbe Superior Court of Union. Tbe defendant was indicted in tbe following bill: North Carolina — Union County.
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INDICTMENT against Zeke Lewis, beard by Judge T. J. Shaw at tbe July Special Term, 1906, of tbe Superior Court of Union. Tbe defendant was indicted in tbe following bill: North Carolina — Union County. Superior Court, July Special Term, 1906. Tbe jurors for tbe State upon tbeir oatbs present: That Zeke Lewis and others, late of tbe county of Anson, on tbe 28tb day of May, in tbe year of our Lord one thousand nine hundred and six, with force and arms, at and in tbe county aforesaid, unlawfully, wickedly, wilfully and feloniously did conspire together to break and enter tbe common jail of Anson…
1ConcurrenceCoNNOR, J.
I concur in the opinion of the Court in this case with much hesitation. I do not concur in some of the reasons which are given to sustain it. The Court held, in a well-considered and able opinion by Mr. Justice Shepherd in State v. Barker, 107 N. C., 913, that, although the term grand jury is not found in our Constitution, the section of the Bill of Rights guaranteeing immunity from criminal prosecutions, except upon “Presentment, Indictment, or Impeachment,” must be construed to mean “Indictment by a grand jury,” as defined by the common law, citing with approval the language of Judge Cooley…
2Cases cited5 opinions
- Swart v. KimballMichigan Supreme Court · 1880
- Lewis v. . Commissioners of WakeSupreme Court of North Carolina · 1876
- State v. . BarkerSupreme Court of North Carolina · 1890
- State v. . BranchSupreme Court of North Carolina · 1873
- In re HigginsWisconsin Supreme Court · 1863