State v. . Sears
Supreme Court of North Carolina
Malicious Mischief, tried before Merrimon, J., at Fall Term, 1866, of tbe Superior Court of Wake. The defendants were indicted at Common Law for maliciously killing a mule, the property of one Robert Williams.
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Malicious Mischief, tried before Merrimon, J., at Fall Term, 1866, of tbe Superior Court of Wake. The defendants were indicted at Common Law for maliciously killing a mule, the property of one Robert Williams. The bill was found at Fall Term, 1863. The evidence of the killing, by the defendants, was circumstantial, and his Honor charged the jury that, to convict, they “ must be satisfied, fully satisfied,” that the mule was killed by one of the defendants, moved by malice to the owner, and that the other was present, aiding and abetting in the killing, moved by like malice; and they must be…
1Opinion of the CourtReabe, J.
The defendants’ counsel asked the court to charge the jury “that they must be satisfied beyond a reasonable doubt,” &c. His Honor declined to give the instructions. It is not stated whether he refused because he did not think the instructions proper in themselves, or because he had already substantially given them.
Whether the doctrine of reasonable doubt, as it is commonly called, applies to misdemeanors,, or only to capital cases in favorem vitae, seems not to be settled in this State. There are dicta on both sides of the question; and as an additional dictum would but add to the…
2Cited by19 opinions
- State v. AdcockSupreme Court of North Carolina · 1983
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. . HarrisSupreme Court of North Carolina · 1943
- State v. Adams.Supreme Court of North Carolina · 1905
- State v. . SigmonSupreme Court of North Carolina · 1925
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