State v. Gallimon
Supreme Court of North Carolina
Appeal from the Superior Court of Cabarrus, at Spring Term, 1842, his Honor Judge PisarsoN presiding. This was an indictment for perjury in swearing corruptly and falsely, in a former indictment against one J3. Erwin and others in the County Court of Cabarrus county, for an affray.
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Appeal from the Superior Court of Cabarrus, at Spring Term, 1842, his Honor Judge PisarsoN presiding. This was an indictment for perjury in swearing corruptly and falsely, in a former indictment against one J3. Erwin and others in the County Court of Cabarrus county, for an affray. It is unnecessary to state the facts proved on the trial and reported by the judge, and the various objections urged by th.e defendant’s counsel, as the opinion of the Supreme Court is confined entirely to the motion in arrest of judgment. The verdict of the jury was against the defendant; whereupon his .counsel…
1Opinion of the Court
■Gaston, J.
The principal question in this ease arises on the motion in arrest of judgment. The -indictment sets forth, that, at a Court of Pleas and Quarter Sessions, held for the county of Cabarrus, on the third Monday of April, 1841, before John Stile, Junior, B. W. Allison, William Bar-ringer and James Young, Esquires, justices qualified by law to hold the said court, “ a certain issue, in due manner *374joined in said court-, between the State of North Carolina and one Benjamin Erwin, upon a certain indictment depending against the said Benjamin Erwin, for assaulting and beating one Michael…
2Cited by3 opinions
- State v. . DavisSupreme Court of North Carolina · 1815
- State v. . EnloeSupreme Court of North Carolina · 1838
- State v. . HaddockSuperior Court of North Carolina · 1802