State v. Haddock

Superior Court of North Carolina

State v. Haddock

3 N.C. 162

DecidedJanuary 15, 1802

StatusPublished

This text of 3 N.C. 162 (State v. Haddock) is published on Counsel Stack Legal Research, covering Superior 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. Haddock, 3 N.C. 162 (N.C. Ct. App. 1802).

Pincite

Opinion

yohnston, Judge,

decided the following points: — First; that an appeal will lie for the state where the deiendant is acquitted or otherwise discharged upon an indictment, as well as lor the defendant who is convicted. Though, he said, were this res integra, he should pot be of that opinion upon the words of the acts relative to apptals. Secondly ; in this, case an appeal is as well as a writ of error. Thirdly 5 the indictment should state in whom the property was, or that it was the property of some person unknown, otherwise he could not plead in bar to another indictment for the same cause. St was, therefore, not informality or refinement within the act of Assembly, but a matter o£ ¡Substance not cured by it.

Judgment arrested,

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yohnston, Judge,

decided the following points: — First; that an appeal will lie for the state where the deiendant is acquitted or otherwise discharged upon an indictment, as well as lor the defendant who is convicted. Though, he said, were this res integra, he should pot be of that opinion upon the words of the acts relative to apptals. Secondly ; in this, case an appeal is as well as a writ of error. Thirdly 5 the indictment should state in whom the property was, or that it was the property of some person unknown, otherwise he could not plead in bar to another indictment for the same cause. St was, therefore, not informality or refinement within the act of Assembly, but a matter o£ ¡Substance not cured by it.

Judgment arrested,

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Bluebook (online)

3 N.C. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-haddock-ncsuperct-1802.