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8 North Carolina opinions name it 2 courts 1948–1968 0 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in North Carolina. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Perry
green
2 sentences1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our 1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our | 4 | 1963–1967 |
State v. . Speller
green
2 sentences1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our 1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our | 3 | 1963–1967 |
Eubanks v. Louisiana
green
2 sentences1963S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; Miller v. State, supra; Eubanks v. Louisiana, 356 U.S. 584 , 2 L. 1963S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; Miller v. State, supra; Eubanks v. Louisiana, 356 U.S. 584 , 2 L. | 2 | 1963–1963 |
State v. Peoples.
green
2 sentences1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our 1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our | 2 | 1963–1963 |
State v. Perry
green
2 sentences1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our 1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 .” Therefore, it necessarily follows that the indictment of a Negro defendant by a grand jury in a state court from which members of his race have been intentionally excluded solely because of their race is not good, for the reason that as to such Negro defendant it is not a legal grand jury, and defendant pursued the proper remedy, motions to quash the indictments here in apt time under -our | 2 | 1963–1963 |
Sandy Lee McNeil v. State of North Carolina and Major William C. Brown
green
1 sentence1968Petitioner cites, contra, McNeill v. North Carolina, 368 F. 2d 313 , a decision of the United States Fourth Circuit Court of Appeals. | 1 | 1968–1968 |
State v. . Koritz
green
2 sentences1967State v. Covington, supra; State v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; State v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; State v. Koritz, 227 N.C. 552 , 43 S.E. 2d 77 , questioned on another point in State v. Brunson, 229 N.C. 37 , 47 S.E. 2d 478 . 1967State v. Covington, supra; State v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; State v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; State v. Koritz, 227 N.C. 552 , 43 S.E. 2d 77 , questioned on another point in State v. Brunson, 229 N.C. 37 , 47 S.E. 2d 478 . | 1 | 1967–1967 |
State v. . Brunson
neutral
2 sentences1967State v. Covington, supra; State v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; State v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; State v. Koritz, 227 N.C. 552 , 43 S.E. 2d 77 , questioned on another point in State v. Brunson, 229 N.C. 37 , 47 S.E. 2d 478 . 1967State v. Covington, supra; State v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; State v. Speller, 229 N.C. 67 , 47 S.E. 2d 537 ; State v. Koritz, 227 N.C. 552 , 43 S.E. 2d 77 , questioned on another point in State v. Brunson, 229 N.C. 37 , 47 S.E. 2d 478 . | 1 | 1967–1967 |
State v. . Thomas
green
1 sentence1963“A valid warrant or indictment is -an essential of jurisdiction.” S. v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 . | 1 | 1963–1963 |
State v. . Morgan
green
1 sentence1963“A valid warrant or indictment is -an essential of jurisdiction.” S. v. Morgan, 226 N.C. 414 , 38 S.E. 2d 166 . | 1 | 1963–1963 |
State v. Covington
green
1 sentence1963S. v. Peoples, 131 N.C. 784 , 42 S.E. 814 ; S. v. Speller, 229 N.C. 67, 47 , S.E. 2d 537; Miller v. State, supra; S. v. Perry, 248 N.C. 334 , 103 S.E. 2d 404 ; S. v. Perry, 250 N.C. 119 , 108 S.E. 2d 447 ; S. v. Covington, 248 N.C. 495 , 128 S.E. 2d 822 . | 1 | 1963–1963 |
Harrington v. Hummell, Trustee
neutral
1 sentence1953S. v. Kirksey, supra; Washington v. State, 95 Fla. 289 , 116 So. 470 ; Merriweather v. Commonwealth, 118 Ky. 870 , 82 S.W. 592 , 4 Ann. | 1 | 1953–1953 |
Washington v. State
green
1 sentence1953S. v. Kirksey, supra; Washington v. State, 95 Fla. 289 , 116 So. 470 ; Merriweather v. Commonwealth, 118 Ky. 870 , 82 S.W. 592 , 4 Ann. | 1 | 1953–1953 |
Merriweather v. Commonwealth
green
2 sentences1953S. v. Kirksey, supra; Washington v. State, 95 Fla. 289 , 116 So. 470 ; Merriweather v. Commonwealth, 118 Ky. 870 , 82 S.W. 592 , 4 Ann. 1953S. v. Kirksey, supra; Washington v. State, 95 Fla. 289 , 116 So. 470 ; Merriweather v. Commonwealth, 118 Ky. 870 , 82 S.W. 592 , 4 Ann. | 1 | 1953–1953 |
United States v. Evans
green
1 sentence1949Brunson v. North Carolina,, 332 U.S. 851 , 68 S. Ct. 634 , 92 L. | 1 | 1949–1949 |
Jungersen v. Ostby & Barton Co.
green
1 sentence1949Brunson v. North Carolina,, 332 U.S. 851 , 68 S. Ct. 634 , 92 L. | 1 | 1949–1949 |
Kavanagh v. Noble
green
1 sentence1949Brunson v. North Carolina,, 332 U.S. 851 , 68 S. Ct. 634 , 92 L. | 1 | 1949–1949 |
Thomas v. Texas
green
2 sentences1948"We denied the challenge in both instances, relying in part on the cases of S. v. Walls, 211 N. C., 487 , 191 S. E., 232 , 203 U. S., 635 , and S. v. Henderson, 216 N. C., 99 , 3 S. E. (2d), 357 , both of which, in turn, were predicated in large measure, on the teachings of Thomas v. Texas, 212 U. S., 278 , 53 L. 1948"We denied the challenge in both instances, relying in part on the cases of S. v. Walls, 211 N. C., 487 , 191 S. E., 232 , 203 U. S., 635 , and S. v. Henderson, 216 N. C., 99 , 3 S. E. (2d), 357 , both of which, in turn, were predicated in large measure, on the teachings of Thomas v. Texas, 212 U. S., 278 , 53 L. | 1 | 1948–1948 |
Patton v. Mississippi
green
1 sentence1948For us to have reached different conclusions in the cases would have been to decide two ways on practically identical exceptions. *39 Moreover, it was sought to have the same authorities applied in the principal case as are cited here, except the case of Patton v. Mississippi, 332 U. S., 463 , which was not decided until 8 December, 1947. | 1 | 1948–1948 |
State v. . Walls
green
2 sentences1948"We denied the challenge in both instances, relying in part on the cases of S. v. Walls, 211 N. C., 487 , 191 S. E., 232 , 203 U. S., 635 , and S. v. Henderson, 216 N. C., 99 , 3 S. E. (2d), 357 , both of which, in turn, were predicated in large measure, on the teachings of Thomas v. Texas, 212 U. S., 278 , 53 L. 1948"We denied the challenge in both instances, relying in part on the cases of S. v. Walls, 211 N. C., 487 , 191 S. E., 232 , 203 U. S., 635 , and S. v. Henderson, 216 N. C., 99 , 3 S. E. (2d), 357 , both of which, in turn, were predicated in large measure, on the teachings of Thomas v. Texas, 212 U. S., 278 , 53 L. | 1 | 1948–1948 |
State v. . Henderson
neutral
2 sentences1948"We denied the challenge in both instances, relying in part on the cases of S. v. Walls, 211 N. C., 487 , 191 S. E., 232 , 203 U. S., 635 , and S. v. Henderson, 216 N. C., 99 , 3 S. E. (2d), 357 , both of which, in turn, were predicated in large measure, on the teachings of Thomas v. Texas, 212 U. S., 278 , 53 L. 1948"We denied the challenge in both instances, relying in part on the cases of S. v. Walls, 211 N. C., 487 , 191 S. E., 232 , 203 U. S., 635 , and S. v. Henderson, 216 N. C., 99 , 3 S. E. (2d), 357 , both of which, in turn, were predicated in large measure, on the teachings of Thomas v. Texas, 212 U. S., 278 , 53 L. | 1 | 1948–1948 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.