¶1 The caption of the indictment ought to describe the Court before which it is’ found, that it may appear the Court can exercise jurisdiction over the offence charged. It is not stated in the caption to this indictment, whether it was found in the County or Superior Court. And although it may be true, that the term of the Superior Court happened in April, yet “ April Term” is not distinguished as a juridical term of that Court in any act of Assembly. Judgment arrested.
5 N.C. 281
State v. . Sutton
Supreme Court of North Carolina
Decided July 5, 1809
Supreme Court of North Carolina · decided 1809-07-05
From Bertie. The Defendants being convicted upon an indictment for a riot, their counsel moved in arrest of judgment, “ that in the caption of the indictment upon which the Defendants had been found guilty, there was no description of the Court before which the indictment was found.” The caption of the indictment was in the following words and figures: “ State of North-Carolina. i . .. Bertie County.
Decided 1809-07-05