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63 N.C. 506

State v. . Credle

Supreme Court of North Carolina

Decided June 5, 1869

Supreme Court of North Carolina · decided 1869-06-05

Misdemeanor, in killing live-stock, tried before Jones, J.r at Fall Term 1868, of the Superior Court of Beaufort. The defendant, was indicted for killing a steer: in the first count alleged to be property of one James Edwards, and in the second, of some person unknown.

Cited by 2 later decisions — most recently May 1900

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-06-05

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Settle, J.

¶1 Nemo débet vis vexari, pro una et eadem causa,” is a principle of the common law, as well as of humanity.

¶2 The bill of indictment upon which the defendant was put to trial contained two counts, and there was a general verdict of not guilty.

¶3 Admitting that there was error in his Honor’s charge, as to the second count, it cannot be reviewed upon appeal by the *507 State; Siate v. Taylor, 1 Hawks 462 — for, while the humanity of our law gives the right of appeal to the accused in'rill cases, the class of cases in which the State has that right/- is-very small.- A legal acquittal in any Court of competent, jurisdiction, if the indictment bé good, as we'- think it was im this case, will preclude any subsequent proceedings before--evéry other Court.

¶4 Per Ctjriam. • Appeal dismissed!

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