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State v. Taylor.

State v. . Taylor

State v. Taylor., 8 N.C. 462 (1821)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
June 5, 1821
Judges
Tayior
Citations
8 N.C. 462
Headnotes
After an acquittal of a Defendant on a State prosecution, a new trial cannot be granted.
Summary
From Halifax. This Defendant stood charged on two indictments, which were tried in the Court below, and terminated in an acquittal of the Defendant. On the trial below, the Court refused to permit certain papers to be read as evidence on the part of the State, and the Attorney-General appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Tayior

Tayior, Chief-Justice, delivered the opinion of the Court:

It would be to no purpose for this Court to decide, whether the paper writings offered in evidence were properly rejected by the Circuit Judge or not;

for upon the supposition that they were not, we could not grant a new trial after the acquittal of the Defendant.

*463 The act of 1815, ch. 895, gives the power of granting yew trials to the Superior Courts, only where the De-fcndant is found guilty. As, therefore, the Judge trying this cause could not have awarded a new trial, we cannot reverse his judgment for having refused it. The Verdict must consequently remain.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11900: 11939: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. State v. Savery36 S.E. 22 (N.C. 1900)
  2. State v. Ostwalt24 S.E. 660 (N.C. 1896)
  3. State v. Nichols200 S.E. 926 (N.C. 1939)

Most recent

  1. State v. Nichols200 S.E. 926 (N.C. 1939)
  2. State v. Savery36 S.E. 22 (N.C. 1900)
  3. State v. Ostwalt24 S.E. 660 (N.C. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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