The Code of North Carolina Volume 1; Enacted March 2, 1883 Prepared Under Chapters 145 and 315 of the Laws of 1881, and Under Chapter 191 of the Laws of 1883 - Softcover
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...shall be set forth the proper county in which the supposed offence, if any, was committed: whereupon the court may, on motion of the state, commit the defendant, who may enter into recognizance, as in other cases, to answer the offence in the county averred by his plea to be the proper county; and, on his prosecution in that county, it shall be deemed, conclusively, to be the proper county. But if the state, upon the plea aforesaid, will join issue, and the matter be found for the defendant, he shall be required to enter into recognizance as in other cases to answer the offence in the county averred by his plea to be the proper county, provided the offence be bailable; and, if not bailable, he shall be committed for trial in the county; and, if it be found for the state, the court in all offences or misdemeanors shall proceed to pronounce judgment against the defendant, as upon conviction; and, in all cases of felony, the defendant shall be at liberty to plead to the indictment, and be tried on his plea of not guilty. State v. Adams, Mar., 30(21); State v. Outerbridge. 82--617; State v. Mitchell, 83-674. Sec. 1195. In indictment for libel, defendant may give the truth in evidence. R. C, c. 35, s. 26. 1803, c. 032. Every defendant who shall be charged by indictment with the publication of a libel may prove on the trial for the same the truth of the facts alleged in the indictment; and if it shall appear to the satisfaction of the jury that the facts are true, the defendant shall be acquitted of the charge. Sec. 1190. In cases where an assault followed by death in another county, indictment to be found in the county where assault was made. B. C, c. 35, s. 27. 1831, c. 22, s. 1. In all cases of felonious homicide, when the assault shall have been made in one c...
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