State v. Rinehart
| Citation | 75 N.C. 58 |
| Court | North Carolina Supreme Court |
| Decision Date | 30 June 1876 |
| Parties | STATE v. JOHN RINEHART. |
An indictment which concludes thus: “giving to him, the said J. T., then and there, with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the rifle gun aforesaid, by force of the gunpowder aforesaid, by the said J. R., in and upon the back of, and a little above the hip of him, the said J. T., one mortal wound of the depth of six inches and of the breadth of one inch, of which the said mortal (omitting the word “wound”) he, the said J. T., then and there instantly died,” is sufficient, and the judgment thereon should not be arrested under sec. 60, chap. 33, Bat. Rev.
INDICTMENT, for Murder, tried before WATTS, J., at Spring Term, 1876, of MADISON Superior Court.
There was a verdict of “guilty,” whereupon the prisoner moved in arrest of judgment. The motion was overruled, and judgment pronounced, and the prisoner appealed.
The other facts necessary to an understanding of the case, as decided in this Court, are found in the opinion of Justice BYNUM.
Attorney General Hargrove, for the State .
No counsel in this Court for the prisoner.
The prisoner was tried and found guilty of murder, by the jury. His counsel, in the Court below, moved in arrest of judgment, upon the ground that the indictment was insufficient, in that it omitted the word “wound” in a material part of it, and thus not showing how the deceased came to his death.
The indictment is in the usual form and regular in all re spects, except that in the conclusion, after alleging that the prisoner discharged his gun in and upon the deceased, it proceeds thus: “giving to him, the said Joseph Turner, then and there, with the leaden bullet aforesaid, so as aforesaid, discharged and shot out of the rifle gun aforesaid, by force of the gunpowder aforesaid, by the said John Rineheart, in and upon the back of, and a little above the hip of him, the said Joseph Turner, one mortal wound, of the depth of six inches and the breadth of one inch, of which said mortal (omitting the word “wound”) he, the said Joseph Turner, then and there instantly died.”
It is clear that the omission of the word “wound” in this place is not material, inasmuch as the wound had just before been described and charged to have been a “mortal wound.” It would not, therefore, have impaired the sufficiency of the indictment, if it had ended after the words “one inch,” in the following manner: of...
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State v. Doran
...matter appears in the indictment to enable the court to proceed to judgment; and therefore that itshould" not be quashed." State v.Rine-hart, 75 N. C. 58; State v. Walker, 87 N. C. 541; State v. Lane, 4 Ired. 113; State v. Wilson, 67 N. V. 456; State v. Sprinkle, 65 N. C. 463; State v. Park......
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State v. Rateiff
...indictment for murder was held not fatal, long before the adoption of the present form of indictment for murder under Rev. 3245. State v. Rinehart, 75 N. C. 58. The omission of the word "year" in setting out the conditions of a lease was held to be a mere informality under the statute and n......
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State v. Ratliff
...indictment for murder was held not fatal, long before the adoption of the present form of indictment for murder under Rev. 3245. State v. Rinehart, 75 N.C. 58. omission of the word "year" in setting out the conditions of a lease was held to be a mere informality under the statute and not gr......
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State v. Van Doran
... ... intelligible, and explicit manner," (certainly as ... definitely as in the old prescribed precedent;) that ... sufficient matter appears in the indictment to enable the ... court to proceed to judgment; and therefore that it should ... "not be quashed." State v. Rinehart, 75 ... N.C. 58; State v. Walker, 87 N.C. 541; State v ... Lane, 4 Ired. 113; State v. Wilson, 67 N.C ... 456; State v. Sprinkle, 65 N.C. 463; State v ... Parker, Id., 453. The defendant moved in arrest of ... judgment because the indictment failed to specify upon what ... particular ... ...