State v. . Applewhite
Supreme Court of North Carolina
The general words of the Amnesty Acts of 1872 and -1874 include the hand of outlaws, known as the “ Lowery hand.” The prisoner, who was a member of that hand, was convicted and sentenced to he hung in 1870; while the cause was pending upon appeal in ;this Court, he made his escape.
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The general words of the Amnesty Acts of 1872 and -1874 include the hand of outlaws, known as the “ Lowery hand.” The prisoner, who was a member of that hand, was convicted and sentenced to he hung in 1870; while the cause was pending upon appeal in ;this Court, he made his escape. Upon the hearing of the appeal, this Court decided there was no error on the trial below; and in 3875, the prisoner was brought to the bar of the court below, and judgment was prayed in accordance with the decision of this Court. Thereupon the prisoner moved the court that he be discharged, upon the ground that he…
1Opinion of the CourtPearson, C. J.
The objection that it does not appear by the transcript, sent to this Court, that the prisoner was a member of the “ Lowery band,” which had been notorious for outrages committed in the County of Robeson, or that the prisoner is the same individual who was convicted in 1870, upon an indictment against him and others of said band for the murder of Reuben King,, is met by the statement of the Hon. Daniel L. Russell, (who presided as Judge at the trial,) which the Attorney General, with the approval of this Court, consents may be filed as a part of the case.
It is clear- the general words of the…
2Cited by5 opinions
- Matter of DoyleNew York Court of Appeals · 1931
- State v. FrazierSupreme Court of North Carolina · 1972
- Boykin v. . MaddreySupreme Court of North Carolina · 1894
- Patton v. . ClendeninSupreme Court of North Carolina · 1819
- State v. . MillerSupreme Court of North Carolina · 1886