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State v. Vincent

Supreme Court of North Carolina
Jan 1, 1814
4 N.C. 105 (N.C. 1814)

Opinion

(January Term, 1814.)

It is not essential to the validity of an indictment that it should be signed by the prosecuting officer.

THE defendant was convicted of perjury, and his counsel moved in arrest of judgment because the indictment was signed by William Miller for H. G. Burton, Attorney-General.


An indictment is an accusation found by an inquest of twelve or more lawful jurors upon their oaths. The law has prescribed certain forms in which such accusations shall be drawn, and will not allow any citizen to be punished unless such precision is observed. That they should be sanctioned by the finding of a grand jury, and signed by their foreman, as the best evidence of being so found, is essential to their validity; but neither the common law nor any statute that we know of requires them to be signed by the Attorney-General. An indictment legally framed, in other respects, would not be bad by not being signed by the prosecuting officer.

NOTE. — It seems that the grand jury's returning a bill into court, and their publicly rendering their verdict on it in the form, "a true bill," and its being recorded or filed amongst the records of the court, makes it effectual; and the want of the foreman's name to it will not invalidate it. S. v. Calhoun, 18 N.C. 374; S. v. Guilford, 49 N.C. 83.

Cited: S. v. Shemwell, 180 N.C. 719.


Summaries of

State v. Vincent

Supreme Court of North Carolina
Jan 1, 1814
4 N.C. 105 (N.C. 1814)
Case details for

State v. Vincent

Case Details

Full title:STATE v. VINCENT. — 1 L. R., 493

Court:Supreme Court of North Carolina

Date published: Jan 1, 1814

Citations

4 N.C. 105 (N.C. 1814)