State v. . Sutton

Supreme Court of North Carolina

State v. . Sutton

5 N.C. 281

Supreme Court of North Carolina·Decided July 5, 1809·Published

Opinion

By the Court.

The caption of the indictment ought to describe the Court before which it is’ found, that it may appear the Court can exercise jurisdiction over the offence charged. It is not stated in the caption to this indictment, whether it was found in the County or Superior Court. And although it may be true, that the term of the Superior Court happened in April, yet “ April Term” is not distinguished as a juridical term of that Court in any act of Assembly. Judgment arrested.

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By the Court.

The caption of the indictment ought to describe the Court before which it is’ found, that it may appear the Court can exercise jurisdiction over the offence charged. It is not stated in the caption to this indictment, whether it was found in the County or Superior Court. And although it may be true, that the term of the Superior Court happened in April, yet “ April Term” is not distinguished as a juridical term of that Court in any act of Assembly. Judgment arrested.

State v. . Sutton, 5 N.C. 281 (N.C. 1809).

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