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1 N.C. 53

State v. Smith

Superior Court of North Carolina

Decided November 15, 1778

Superior Court of North Carolina · decided 1778-11-15

<p>THE defendant, at November term, 1778 was indicted for murder: He pleaded not guilty, and of manslaughter.</p> <p>On being asked what he had to say, &c. he prayed the benefit of clergy—which being granted,</p> <p>The Court gave judgment that he be burnt on the brawn of his left thumb, and discharged:</p>

Decided 1778-11-15

¶1But on cause shown, the Court,

Ashe, J. and Spencer, J.

¶2suspended the execution of this sentence until next term.

¶3He was bailed and entered into recognizance, himself in the sum of £. 3000, and his two securities in that of £. 1000 each.

¶4*54At May term last, the Court, (Spencer, J. alone) met; but the small-pox raging then in Newbern, no business was done, and the Court was adjourned, to the first day of the Court in course.

¶5And at this term, he was brought to the bar, and pleaded a pardon from the Governor, which being read and inspected by the Court, Ashe, J. and Spencer, J. was allowed, and

¶6The prisoner discharged.

¶7 The same indulgence has since been shown to the defendants, at Wilmington, in the case of the State vs. Snead, and at Newbern, in that of the State vs. Hyson.

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