State v. . Daniel

Supreme Court of North Carolina

State v. . Daniel

10 N.C. 617

DecidedJune 5, 1825

StatusPublished

This text of 10 N.C. 617 (State v. . Daniel) 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. . Daniel, 10 N.C. 617 (N.C. 1825).

Pincite

Opinion

The presiding judge being of opinion that the offense charged in the indictment was not within the act of Assembly giving the Superior Courts jurisdiction of offenses committed by slaves, as the punishment could not, upon conviction, extend to life, refused to put the prisoners to answer the charge, and ordered the indictment to be quashed. Whereupon Mr. Solicitor Miller, for the State, appealed to this Court. *Page 337 It is only upon a second conviction of the offense stated in the indictment that the punishment of death is annexed to it; and it is consequently triable in the county court according to the act of 1793, ch. 381. The Superior Courts obtain jurisdiction under the act of 1816 only where the offense is so charged as to appear upon the face of the indictment to be punishable with death. It would be vain to try the prisoner first, and then to consider whether he was liable to punishment. This was settled in S. v. Adam, ante, 188. The court acted correctly in refusing to put the prisoners to answer (618) the charge.

PER CURIAM. Affirmed.

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

The presiding judge being of opinion that the offense charged in the indictment was not within the act of Assembly giving the Superior Courts jurisdiction of offenses committed by slaves, as the punishment could not, upon conviction, extend to life, refused to put the prisoners to answer the charge, and ordered the indictment to be quashed. Whereupon Mr. Solicitor Miller, for the State, appealed to this Court. *Page 337 It is only upon a second conviction of the offense stated in the indictment that the punishment of death is annexed to it; and it is consequently triable in the county court according to the act of 1793, ch. 381. The Superior Courts obtain jurisdiction under the act of 1816 only where the offense is so charged as to appear upon the face of the indictment to be punishable with death. It would be vain to try the prisoner first, and then to consider whether he was liable to punishment. This was settled in S. v. Adam, ante, 188. The court acted correctly in refusing to put the prisoners to answer (618) the charge.

PER CURIAM. Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

10 N.C. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daniel-nc-1825.