State v. . Kelly

(S. v. Crayton, 6 Ired., 164; S. v. Blackwelder, Phil., 38; S. v. Bray,67 N.C. 283; S. v. Jenkins, 84 N.C. 812; S. v. Epps, 76 N.C. 55; S. v.Payton, 89 N.C. 539; S. v. Sheets, ibid., 543, cited and approved.) The defendant was indicted at the October Term, 1885 of the Criminal Court of the county of Mecklenburg, for the crime of larceny.

Being under recognizance to answer in that behalf at that time, he appeared in person, having counsel present, and pleaded not guilty, and was put upon his trial. He was present during the trial, as was also his counsel, "until the jury were returning to the…