Legal Opinion

State v. . Rogers

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 9 opinions

Tills was au INdictMext for murder, tried before Winston, J., and a jury, at December Term, 1892, of RICHMOND ' ¡Superior Court.

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Tills was au INdictMext for murder, tried before Winston, J., and a jury, at December Term, 1892, of RICHMOND ' ¡Superior Court. The State offered evidence tending to prove that the prisoner bought a box of “ Rough on Rats ” at Laurinburg on a certain Saturday; that prisoner inquired when he bought it whether it would kill people, and was told that it would and was cautioned to keep it out of the way of children and his “eatables”; that he carried it home and administered part of it to his wife, Rlioda Rogers, who died from the effects thereof on the next day, Sunday. M. J. Edwards, a witness…

1Opinion of the CourtMacjRae, J.

(after stating the facts): There is nothing in the case to indicate that the prisoner was not allowed a reasonable time to send for and advise with counsel, as suggested in the first ground of exception to the admissibility of his statement upon preliminary examination before the committing magistrate. If it had been made to appear that he had asked and was denied such time and opportunity a serious question might have arisen as to the admissibility of his statements.

The fact that the prisoner was tied during his examination would not in itself constitute a valid objection to the evidence,…

2Cases cited2 opinions

  1. Huffman v. . ClickSupreme Court of North Carolina · 1877
  2. State v. . CruseSupreme Court of North Carolina · 1876

3Cited by9 opinions

  1. McCleary v. StateCourt of Appeals of Maryland · 1914
  2. State v. . DegraffSupreme Court of North Carolina · 1893
  3. Tilghman v. . R. R.Supreme Court of North Carolina · 1916
  4. Conn v. . R. R.Supreme Court of North Carolina · 1931
  5. Butler v. South Carolina & Georgia Extension RailroadSupreme Court of North Carolina · 1902

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