Macon County NcArchives Court.....Balis Henderson, State V. 1873
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a November 11, 2011, 8:11 pm

Source: N C Reports
Written: 1873

State v. Balis Henderson

In an indictment for murder, the assault is charged to have been made on 
one "N. S. Jarrett," and in subsequent parts of the indictment he is described 
as "Nimrod S. Jarrett": Held, to be no variance.

The Supreme Court has recognized, since the adoption of the new Constitution, 
a Court of Oyer and Terminer, as a Superior Court. And there is nothing in the 
Code of Civil Procedure which repeals the acts under which Courts of Oyer and 
Terminer are held.

Indictment, charging the defendant with the murder of one Nimrod S. Jarrett, 
tried before Henry, J., at a Court of Oyer and Terminer, under special 
commission, third Monday of December, 1872, in Jackson County, to which county 
it had been regularly removed from the county of Macon.

The jury found "the defendant, the prisoner at the bar, guilty of felony and 
murder of which he stands charged in the bill of indictment"; whereupon, his, 
the prisoner's, counsel moved to arrest the judgment, upon the ground that the 
assault is alleged in the bill of indictment to have been committed on one N. 
S. Jarrett, and that Nimrod S. Jarrett is the person charged to have been 
murdered. This motion, his Honor overruled. The case states, that after 
sentence, the prisoner moved for a new trial, basing the motion upon his 
affidavit in which it is stated "that since the trial he has discovered 
evidence that would have been material and important to him," &c., "and that 
his counsel did not advise him of its materiality." His Honor likewise 
overruled this motion, and the prisoner appealed.

No counsel for prisoner in this Court
Attorney General Hargrove, for the State

NC Supreme Court Justice Settle, J. - The record contains no error of which 
the prisoner can take advantage. (see court case for judge's full findings)

Let this opinion be certified, &c.
Per Curiam
Judgment affirmed

Additional Comments:
In the NC Supreme Court January Term 1873

File at: http://files.usgwarchives.net/nc/macon/court/balishen2070gwl.txt

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