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1 N.C. 43

State v. Grove

Superior Court of North Carolina

Decided September 15, 1794

Superior Court of North Carolina · decided 1794-09-15

INDICTMENT for arson. Mr. Solicitor General Jones, praying that a witness might be sworn. Davie, who, was of counsel for the prisoner, asked what use was expected to be made of his testimony? whereupon the Solicitor-General informed the court that the gentleman at the table, was the magistrate who had committed the prisoner: and he was introduced to give evidence of the prisoner’s confession or admission, previous to his committment.

Decided 1794-09-15

¶1The Court,

M’Coy, J.

¶2alone. There being no words of repeal in the act, and the statute being in pari materia, they ought to be taken as one law.

¶3The magistrate not being admitted to be sworn,

¶4Mr. Solicitor-General entered a nol. pros. and the prisoner was discharged.

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