# State v. Ewing.

> Supreme Court of North Carolina · November 27, 1900 · 127 N.C. 555

URL: https://www.frixlaw.com/law-library/cases/9812925

## Case

- **Full name:** State v. . Ewing
- **Court:** Supreme Court of North Carolina
- **Decided:** November 27, 1900
- **Citations:** 127 N.C. 555; 37 S.E. 332; 1900 N.C. LEXIS 130
- **Precedential status:** Published
- **Opinion:** Dissent by Clartc
- **Judges:** Eaikclotii, Montgombey, Clartc, Douglas
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9812925

## Opinion text

Clartc, J.
(dissenting). The forms of indictment for murder in the first degree and for murder in the second degree are identical. It may be that the Solicitor sent this bill for murder in the second degree, and the presumption of regularity is that he did; then, the indorsement, “True bill for murder in the second degree,” is correct. When this case goes bade, the Solicitor ivill send a bill for murder in the second degree. It will be verbatim et literatim et punctuatim a copy of this bill. If the grand jury find that a true bill, they will return it, “True bill for murder in the second degree,” and we shall have a duplicate of the paper now declared invalid, unless >bhe opinion of the Court means that the grand jury, contrary to the intention of the Solicitor and their own view of the evidence, are compelled to return “A true bill,” and thus put the prisoner qn trial for murder in the first degree. If the grand jury, as in this case, think the evidence justifies only an indictment for murder in the second degree, it surely can not be that they, sworn men as they are, are compelled to make a return which the law will presume is an indictment for a higher offense, and thus put the prisoner on trial for his life, when the grand jury has found only evidence warranting a charge for an offense not capital.
Douglas, J., dissenting.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9812925. Public record. Not legal advice.