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10 N.C. 614

State v. . Allen

Supreme Court of North Carolina

Decided June 5, 1825

Supreme Court of North Carolina · decided 1825-06-05

From Wayne. At the spring term last of Wayne Superior Court, Badger, Judge, presiding, the prisoner was indicted at common law for a grand larceny in stealing a steer, and was thereof found guilty by the jury. After his conviction, the prisoner, being brought to the bar for judgment, prayed the benefit of his clergy.

Cited by 1 later decisions — most recently June 1852

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-06-05

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Taylor, Chief Justice,

¶1 delivered the opinion of the Court.

¶2 The principal question in this case, whether the Superior Courts have jurisdiction of the offence charged against the prisoner, was decided at the last term in the State v. Adam; and it was then considered that the County Court alone could take original cognizance of the of-fence. If the slave is charged with the second offence so as to incur the punishment of death under the act, it ought to be so stated in the indictment, that it might appear on the face of the record that the court had jurisdiction. At present the indictment discloses a criminal charge, which is confined expressly to the County Courts. The judgment must be affirmed.

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