State v. . Smith
Supreme Court of North Carolina
An appeal from the Superior Court of Rockingham county, at Spring Term, 1842, his Honor Judge Dick presiding.. This was an indictment for petit larceny in stealing a quantity of tobacco, the property of one John T. Chambers. The defendants’ counsel moved the court for leave to plead severally “not guilty” for each of the defendants, but the court refused the motion, and required them to join in their ~ plea.
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An appeal from the Superior Court of Rockingham county, at Spring Term, 1842, his Honor Judge Dick presiding.. This was an indictment for petit larceny in stealing a quantity of tobacco, the property of one John T. Chambers. The defendants’ counsel moved the court for leave to plead severally “not guilty” for each of the defendants, but the court refused the motion, and required them to join in their ~ plea. The State examined several witnesses, and proved'a variety of circumstances, tending to establish the charge against the defendants. Among other things, the State proved by the…
1Opinion of the CourtGaston, J.
It is assigned for error on the part of the prisoners, that, upon their arraignment, it was prayed by their counsel that they should be permitted to pléad not guilty severally, and that the. court refused this permission. We admit, without hesitation, that they should have so pleaded, and that the refusal of his honor was founded in a mistake of the law. But the record states generally that the defendants pleaded not guilty, and thereupon a jury was duly empannelled, and charged to try whether they were guilty or not guilty of the offence charged in the indictment. Now, in contemplation of…
2Cases cited1 opinion
- United States v. MarchantSupreme Court of the United States · 1827
3Cited by26 opinions
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. . WeinsteinSupreme Court of North Carolina · 1944
- State v. FosterSupreme Court of North Carolina · 1966
- United States v. Herbert Ray JonesCourt of Appeals for the Eighth Circuit · 1969
- State v. AndersonSupreme Court of North Carolina · 1935
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