State v. . Dixon

78 N.C. 558

• Court: Supreme Court of North Carolina
• Decided: January 5, 1878
• Status: Published

Opinion

Smith, C. J.

(After stating the facts as above.) We find nothing in the conduct of the cause of which the appellant can rightfully complain. The Solicitor is not restricted to the first bill, but may at any time before entering upon the trial send another bill to the grand jury, and require the defendants to answer that. It is equally plain that where several persons are charged, whether they unite in a common defence, or as in this case where their defences, are separate and antagonistic, the Court must regulate the order and manner in which the defences are to be presented ; and the exercise of this discretion cannot be reviewed in this Court. But as far as any rule of practice is to be found, it was observed in this case, by calling on the defendant whose name first appeared on the bill, to begin his defence. This was done in the case of Regina v. Barber, 1 Car. & Payne, 434, where the defendants’ counsel were unable to agree among themselves.

No error.

PeR Cukiam. Judgment affirmed.