State v. Lee
Supreme Court of North Carolina
Indictment for murder tried at February Term, 1897, of the Circuit Criminal Court of Edgecombe County before Meares, J. The defendant was convicted of murder in the first degree and appealed assigning various alleged errors for one of which, as set out in the opinion, a new trial is granted.
1Opinion of the Court
FaiRcLOTH, C. J.:
The prisoner stands indicted for murder. Several exceptions were made, and we find one that requires us to order a new trial, and as the others may not be made again we do not pass upon them at present. The prisoner’s wife was examined by him. In regard to her testimony the Court charged the jury: “They (the prisoner and wife) stand in the close relation of husband and wife, and the law is that, standing in close relation, there is a cloud of suspicion cast upon her testimony. At the same time the law does not say that a wife cannot swear to the truth. The law does not…
2Cases cited4 opinions
- State v. . BoonSupreme Court of North Carolina · 1880
- State v. . HollowaySupreme Court of North Carolina · 1895
- State v. . CollinsSupreme Court of North Carolina · 1896
- State v. . NashSupreme Court of North Carolina · 1847
3Cited by20 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BealSupreme Court of North Carolina · 1930
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. . McKinnonSupreme Court of North Carolina · 1943
- State v. AndersonSupreme Court of North Carolina · 1935
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