{
  "id": 11275793,
  "name": "State v. Lewis, a slave",
  "name_abbreviation": "State v. Lewis",
  "decision_date": "1822-06",
  "docket_number": "",
  "first_page": "98",
  "last_page": "100",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hawks 98"
    },
    {
      "type": "official",
      "cite": "9 N.C. 98"
    }
  ],
  "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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    "ocr_confidence": 0.229,
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    "sha256": "e602013bd5ee70bf9a88b7b164ade7fa72a1a37944ecc0e33d099109f2b87acd",
    "simhash": "1:01e0e1f884d7b4d4",
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  "last_updated": "2023-07-14T21:20:49.892283+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "The Court concurred."
    ],
    "parties": [
      "State v.Lewis, a slave,"
    ],
    "opinions": [
      {
        "text": "Hall, Judge.\nIt i\u00bb r<\u00edI:H\u00a1\u00edte\u00e1, in this case, that. both !.ndii'ki\u2019\u201cnir\u2019, are, for the same felonious h/hinp; of Vn<; mme [puds. Alie Fiefei\u2019iilaiii is found guilty of a grand larceny. on that indioi.moni which ciiat-eyo a burglary and dcsitiuc;. \u25a0*\nThe other indiotraeni is for a robbery j a robbery i\u00bb a larceuy. hut of a atore agrrjnsvried kind. The first i\u00bb a simple larceny. The other f; a com pound or mixed b\u00a1r-ceny, because it includes in it the r,;>;yrs>vati<m of a felonious faking front 11; r p-rsj.;.\nNow. suppose 1 iso IVfendatit should be tried, aud found gully on the second hidictineaf ? it must certainly follow. \u00a1be\u00ed be bat\u00ed, been tried twice for 1 ho feloniously taking ef tho \u00a3U*.?a\u00ab aortls- it is true, if the first conviction is a bar to a trial on the second indictment, the prisoner would \u00a3o untried as to that which constitutes the diSerence between simple larceny and mixed and compound larceny, viz : a taking from the person. In such case, he would be convicted of a felonious taking, but not of a felonious taking from the person. Whereas, should he be tried and convicted on both indictments, it might be said he had been convicted twice of a felonious taking, and once of a felonious taking from the person, which I think would be at points with the principle, \u201c that no one should be twice put in peril for the same crime.\u201d This principle, has such deep root in the criminal law, and is cherished by so many judicial decisions, that it is not deemed necessary to refer to any of them.\nI, therefore, think the conviction on the. first indictment for burglary and larceny, a good plea to a trial on the second indictment for robbery. I also thin!-: that the record of these proceedings, and the, admissions of the Attorney-General were sufficient to authorise the Judge below to discharge the prisoner. And, in this opinion, the rest of\nThe Court concurred.",
        "type": "majority",
        "author": "Hall, Judge."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "State v.Lewis, a slave,\nFrom Pitt.\nTwo bills of indictment were found against a prisoner al the came 1 enn, the one for burglary and larceny, the otlier for a robbery, and both indictments charged the same felonious taking' of the same goodr. The prisoner was tried on the first indictment, and found guilty of the larceny, and not guilty of the burglary. Held, that he could not be put on his erial on the second indictment, because it would conflict with the principle (hat no one shall be twice put in peril for the same crime,\u2019'\" and on the refusal of the Attomoy-fienetal to pray judgment on 1lie conviction for larceny, the prisoner was allowed his clergy, and was dischavg. d.\nAt September teem, 1821, of Pitt Superior Court, two bills of indictment against the, \u00a1 risoucr wore, found by the Grand Jury \u2014 the. one for burg!ary and larceny, the, other for a robbery. The larceny in the one. bill, and the robbery in the other, vero for the same goods and eh\u00edk\u00edels\u00bb and there war; but ono taking. Ai; the same iv<in, Te prisoner \u2019.vas \u00edb\u00ediud guilty o\u00ed' the Treony, and >iot f.-ri\u00edSy of \u00edho kuivv'\u00fc'7 ; or; this oouvirtion, the At-iorsiev-iVnorri did tiol prav a.\u00ab\u2019 juclgmeik, nor wtss a\u00bby \u2022y o arrnriA j si ml, at the Cree o\" the pr\u00ednme.As arraign-inen\u00ed,, jf-i usotl'm was \u00edjsy\u00edo by hr* ccj\u00fc\u00fc.\u00e1'\u00cd that the prose ou\u00fcs'jv oidor i* should oleo\u00ed on winds indiciwent he would try Ck pfi\u00fct'-icr. Al Nnrch tern;, \u00a1trt\u00edy the prisotto:\u2019 wsm brteyk\u00ed to the bar, and \u00a1ha A\u00ed\u00edos-ney-\u00edkmeraJ direct\u00bb cd & \u00a1)\u00ed*L y va, to be entered on the iiscfetmenl wind; had been trkd vi the preceding ierra, bat the Court (Mr-wood, AiAy, preddayr;;) refused \u00ed\u00ab jnsruit the ml. pros. Tire ;h?;\u00ab!\u2018i;i'y-C;i.;u'c;;j ooiec to arraign the prison-o\u00ed* oji the \u00a1A\u00ed\u00edk'tru-ii\u00ed \u00edbr roUnvy ; tS;3;j also wso refused by the Cwsrt sintk the fir'd: indirtiuent should be. disposed of, sind on the i-efussri of t\u00edre Afiorney.-GeiisoraS to jvny judgment or; the Erst iitdictmen;, Use Court qnsdsed the indictment for robbery,, \u00edkr B\u00eddian of prisoner\"\u00bb counsel. tii.-r ctwyj w;;b allowed lid\u00bb; on Ate eomiotios: for larceny. and, on the farther* re\u00edd,nil of the Aliorney-Gesforal fa pray judgment,, tin' prisoner wag ordered to bo dis-chsspged j \\v\u00ed\u00bb\u00f1resi:i\u00bb];, In behalf of the Btaia. the prone-outing oSiee?* appealed to \u00abAb Court."
  },
  "file_name": "0098-01",
  "first_page_order": 100,
  "last_page_order": 102
}