Macon County NcArchives Court.....Balis Henderson, State V. 1873 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ 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 This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 2.5 Kb