State v. . Jones
Supreme Court of North Carolina
The following statement of the case was sent to this court: This was an indictment for larceny tried before Cloud, J., at Spring .Term A. D. 1S72, ot Forsythe Superior Court. The charge was, that the defendant had stolen a horse. In the progress of the trial, a witness for the State was asked if he had not been indicted and convicted for stealing plank, and if he had not left the country in consequence of it.
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The following statement of the case was sent to this court: This was an indictment for larceny tried before Cloud, J., at Spring .Term A. D. 1S72, ot Forsythe Superior Court. The charge was, that the defendant had stolen a horse. In the progress of the trial, a witness for the State was asked if he had not been indicted and convicted for stealing plank, and if he had not left the country in consequence of it. He answered, that he had been indicted for taking plank, but did not steal it and did not run away. The Solicitor testified that the witness had been indicted for defacing aud taking"…
1Opinion of the CourtRodman, J.
The following is the Act on which all the exceptions of the prisoner are founded.
“No Judge, in giving a charge to the petty jury, shall give an opinion whether a fact is fully or sufficiently proven : such matter being the true office and province of the jury ; but he shall state, in a plain and correct manner, the evidence given in the case, and declare and explain the law arising thereon.” C. O. P., S. 237. This setion is but a renewal of an Act Rev. Stat. ch. 31, S. 136. (Rev. Code, ch. 31, S. 30.)
This has been held to mean, that the Judge shall state the evidence fairly and impartially ;…
2Cited by42 opinions
- State v. McWilliamsSupreme Court of North Carolina · 1971
- State v. CarterSupreme Court of North Carolina · 1951
- State v. LeeSupreme Court of North Carolina · 1970
- Withers v. . LaneSupreme Court of North Carolina · 1907
- State v. SimpsonSupreme Court of North Carolina · 1951
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