State v. . Brown , 2 N.C. 100 ( 1794 )

I do not remember the case cited by Mr. AVERY. If there was such a case, it was so adjudged on account of some peculiar circumstances now forgotten; but at present I concur in omnibus with ASHE, J.

So there was judgment for the prisoner, and he was discharged.

Cited: S. v. Buchanan, 130 N.C. 662; S. v. Hall, 114 N.C. 912; S. v.Cutshall, 110 N.C. 541.