State v. . Ridley

Citations

• 19 S.E. 149
• 114 N.C. 827

Syllabus

<p>Criminal Jurisdiction — Conviction and Judgment — Collateral Attach — Perjury.</p> <p>1. The Superior Court has general jurisdiction of all assaults and batteries.</p> <p>2. Where an indictment, found in October, 1893, charged that on the 1st of July, 1893, defendant made an assault with a deadly weapon, to-wit, a certain rock, knife and brickbat, want of jurisdiction did not appear, for, time not being of the essence of the offence, the charge would have been sustained and the jurisdiction maintained by proof of a simple assault more than one and less than two years from the finding of the indictment.</p> <p>3. Where the jurisdiction of the Court is voidable by matter de hors the record, but no defect of authority appears upon an inspection of the record of an indictment, trial and conviqtion, such a record cannot be collaterally impeached in a prosecution for perjury for taking a false oath in the course of the trial by showing that the jurisdiction might have been ousted though it was not defeated.</p>