State v. Bynum
STATE v. WILL BYNUM, Et Al.
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
*753 Faircloth, C. J.:
The defendants are indicted in the ordinary form for stealing money and one pocket-knife from the person of W. W. Harris, and were convicted and sentenced to the penitentiary for seven years. The evidence showed that said Harris and B. E. Barbee were asleep at night by a camp fire, when defendants assaulted and took from each one his separate money at the same time. The defendants excepted to the judgment of seven years confinement, as a violation of the Act of 1895, Ch. 285, and relied on the plea of autrefois convict.
The record relied upon for the latter plea failed to support it, as it showed an offence against another man, i. e., B. E. Barbee, committed at the same time.
State v. Nash, 86 N. C., 650 . The first exception is disposed of in the other case at this Term against the same parties; also the bill in this case charges the offence against the person under Section 2 of the Act.
No Error.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
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.