{
  "id": 8658392,
  "name": "STATE v. BOSE BROWN",
  "name_abbreviation": "State v. Brown",
  "decision_date": "1921-09-28",
  "docket_number": "",
  "first_page": "761",
  "last_page": "761",
  "citations": [
    {
      "type": "official",
      "cite": "182 N.C. 761"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:57:09.696199+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. BOSE BROWN."
    ],
    "opinions": [
      {
        "text": "Pee Curiam.\nThere were originally two bills found by the grand jury: one charging the defendant with the common-law crime of arson and the other with the statutory offense of house-burning, both of which arose out of the same transaction. TJpon motion of the solicitor, the bills were consolidated; and the defendant was tried, over his objection, on both counts at the same time. This was clearly permissible under O. S., 4622, which provides that \u201cif two or more indictments are found in such cases (where they arise out of the same transaction), the court will order them to be consolidated.\u201d\nThe remaining exception relied on by defendant was to his Honor\u2019s refusal to grant the motion for judgment as of nonsuit. The evidence was entirely circumstantial; but, from a perusal of the record, we think it was quite sufficient to support the verdict.\nWe have found no error; and this will be certified to the Superior Court.\nNo error.",
        "type": "majority",
        "author": "Pee Curiam."
      }
    ],
    "attorneys": [
      "Attorney-General Manning cmd Assistant Attorney-General Nash for the State.",
      "Roswell G. Bridget for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. BOSE BROWN.\n(Filed 28 September, 1921.)\nCriminal Taw \u2014 Indictments\u2014Consolidation of Bill.\nWhere the grand jury has found two separate indictments, one charging arson and the other the less offense of house burning, both arising from the same transaction, the two may be consolidated and a conviction of the less offense will be sustained on appeal. O. S., 4622.\nAppeal by defendant from Kerr, Jat February Term, 1921, of HERTFORD.\nCriminal prosecution, tried upon an indictment charging the defendant with arson and house-burning. The defendant was acquitted of the charge of arson, but convicted of the lesser offense. From the judgment pronounced upon the verdict, the defendant appealed.\nAttorney-General Manning cmd Assistant Attorney-General Nash for the State.\nRoswell G. Bridget for defendant."
  },
  "file_name": "0761-01",
  "first_page_order": 831,
  "last_page_order": 831
}