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    1. Question about court case
    2. Fran
    3. I have copies of a NC court case that began 1818 and was still going on 1820. Hopefully someone can explain a part of that court case. My question: Willis was found guilty and sentenced to 39 lashes February Term 1820. Why then was he required to appear in March "to answer a charge of Petit Larceny". Was this March Court an additional case of Petit Larceny? Thanks for any help. ____________________________________________ Willis WEST was charged with petit larceny in 1818. February Term, 1820, he was found guilty and sentenced to 39 lashes. February Sessions of 1820 found five persons were to appear day to day to give evidence against Willis WEST. (Recognizances found for trial to Feby Sessions 1820 are exact words) Recognizances taken at Feb Term 1820 at Sampson County Court. Two persons were bonded at 500 each and required to assure the appearance of Willis WEST at the Courthouse in Sampson County before the Judge of the Superior Court of Law & Equity on the 4th Monday after the 4th Monday in March 1820 to answer a charge of Petit Larceny. (Willis also had to post 500 bond) ____________________________________________ "Fran" <[email protected]>

    06/26/2006 11:44:32
    1. Re: Question about court case
    2. Joan Best
    3. > I have copies of a NC court case that began 1818 and was still going > on 1820. Hopefully someone can explain a part of that court case. My > question: Willis was found guilty and sentenced to 39 lashes February > Term 1820. Why then was he required to appear in March "to answer a > charge of Petit Larceny". Was this March Court an additional case of > Petit Larceny? > > Willis WEST was charged with petit larceny in 1818. February Term, > 1820, he was found guilty and sentenced to 39 lashes. > > February Sessions of 1820 found five persons were to appear day to day > to give evidence against Willis WEST. (Recognizances found for trial to > Feby Sessions 1820 are exact words) > > Recognizances taken at Feb Term 1820 at Sampson County Court. Two > persons were bonded at 500 each and required to assure the appearance of > Willis WEST at the Courthouse in Sampson County before the Judge of the > Superior Court of Law & Equity on the 4th Monday after the 4th Monday in > March 1820 to answer a charge of Petit Larceny. (Willis also had to post > 500 bond) > > "Fran" <[email protected]> Fran: I am a lawyer. It would be most helpful if you would quote exactly the original document instead of your interpretation of it. For instance you apparently interpreted "recognizances found for trial" as giving evidence against WEST. The word recognizance means "a security entered into before a court with a condition to perform some act required by law; on failure to perform that act a sum is forfeited" Willis was apparently charged with the crime in 1818. He may not have been apprehended until 1820, although you have not provided enough information to determine this. He was released from custody during the Feb 1920 session of court because $1,500 bond was given to assure that he would appear before the judge for trial on a specific day [4th Monday etc.] i.e., sometime in April. Apparently he was convicted and given the 39 lashes as a sentence. The individual who commented that the February Session simply means the Session of court that begins in February is correct. It can continue on for months. Juries would be called to serve for the entire session. This term is still used by the US Supreme Court and often for grand juries. Joan Best "Joan Best" <[email protected]>

    06/28/2006 02:41:23