State v. . Cannon

Supreme Court of North Carolina

State v. . Cannon

90 N.C. 711

DecidedFebruary 5, 1884

StatusPublished

This text of 90 N.C. 711 (State v. . Cannon) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Cannon, 90 N.C. 711 (N.C. 1884).

Pincite

Opinion

Ashe, J.

The cause assigned by the defendant for the arrest of judgment is groundless, and would be so if it appeared upon the face of the record. But a judgment can only be arrested for matter appearing, or the omission of matter which ought to appear in the record. .

The record does show that Lackey was foreman of the grand jury; and it appears from the transcript that Lackey’s name was endorsed on the bill as a witness, sworn and sent to the grand jury, but the endorsements on the bill of indictment form no part of the bill, and consequently no part 'of the record.

*712 If an indictment be found without legal evidence, it may be quashed, or the matter may be pleaded in abatement, but not in arrest of judgment. State v. Roberts, 2 Dev. & Bat., 540.

There is m> error. Let this be certified to the superior court of Burke county, that the case may bo proceeded with according to law.

Xo error. Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Ashe, J.

The cause assigned by the defendant for the arrest of judgment is groundless, and would be so if it appeared upon the face of the record. But a judgment can only be arrested for matter appearing, or the omission of matter which ought to appear in the record. .

The record does show that Lackey was foreman of the grand jury; and it appears from the transcript that Lackey’s name was endorsed on the bill as a witness, sworn and sent to the grand jury, but the endorsements on the bill of indictment form no part of the bill, and consequently no part 'of the record.

*712 If an indictment be found without legal evidence, it may be quashed, or the matter may be pleaded in abatement, but not in arrest of judgment. State v. Roberts, 2 Dev. & Bat., 540.

There is m> error. Let this be certified to the superior court of Burke county, that the case may bo proceeded with according to law.

Xo error. Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

90 N.C. 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cannon-nc-1884.