State v. . Battle
Supreme Court of North Carolina
INDICTMENT for stable burning under The Ood-e, sec. 985 (6), beard on appeal from the Criminal Court of Edgecombe County, before Bowman, J., at Fall Term, 1899, of the Superior Court. Upon the trial in the Criminal Court the Solicitor offered to prove by the witness Thomas Tanner, as furnishing a motive for the criminal act, that the defendant told him last year that he was mad with Bullock, (superintendent of the owner). Tlie evidence was objected to, but allowed.
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INDICTMENT for stable burning under The Ood-e, sec. 985 (6), beard on appeal from the Criminal Court of Edgecombe County, before Bowman, J., at Fall Term, 1899, of the Superior Court. Upon the trial in the Criminal Court the Solicitor offered to prove by the witness Thomas Tanner, as furnishing a motive for the criminal act, that the defendant told him last year that he was mad with Bullock, (superintendent of the owner). Tlie evidence was objected to, but allowed. Defendant excepted. After conviction and judgment the defendant appealed to the Superior Court. ITis Honor, Judge Bowman,…
1DissentClark, J.
The defendant was indicted and tried under sub-see. 6, sec. 985, of The Code. T'he Judge refused to hold that the trial was under sub-sec. 2, of that section, and passed a sentence which was authorized by sub-sec. 6, but which would not have been legal under sub-sec. 2. The said sub-sec. 6, has been amended, Laws 1885, chap'. 66, by striking out in line one the words “unlawfully and maliciously” and inserting “wantonly and wilfully,” and striking' out in lines ten and eleven the words “with intent to injure or defraud any person, or persons, body politic or corporation.” So no proof of malice…
2Cases cited5 opinions
- State v. . ThompsonSupreme Court of North Carolina · 1887
- State v. . RashSupreme Court of North Carolina · 1851
- State v. . RhodesSupreme Court of North Carolina · 1892
- State v. GailorSupreme Court of North Carolina · 1874
- Bryant v. . PeeblesSupreme Court of North Carolina · 1885