State v. . Davis
Supreme Court of North Carolina
INDICTMENT for murder (removed from Alexander) tried at Spring Term, 1882, of Catawba Superior Court, before Eure, J. The prisoner is indicted as an accessory before the fact to the murder of Caroline Thompson, as charged in the bill to have been committed by one Elijah Church.
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INDICTMENT for murder (removed from Alexander) tried at Spring Term, 1882, of Catawba Superior Court, before Eure, J. The prisoner is indicted as an accessory before the fact to the murder of Caroline Thompson, as charged in the bill to have been committed by one Elijah Church. Bill of indictment in substance: The jurors, &c., present that Elijah Church (now dead) late of the county of Alexander, not having the fear, &c, on the 10th of June, 1881, with force and arms, &c, in and upon one Caroline Thompson, in the peace of God and the state then and there being, feloniously, wilfully and of…
1Opinion of the CourtAshe, J.
The first exception taken by the prisoner on the trial was to the ruling of the. court in permitting the question to be put to the witness, Dockery, “ whether before the murder of the deceased, Church said anything about his and the prisoner’s going to James Thomspon’s.”
In this there was no error, for the witness had testified that in a conversation between him and Church and the prisoner, the latter had procured him to go with Church to commit the robbery, and the agreement was then made between them that it should be done by the 10th of June. This was some proof of a common design, and any…
2Cited by10 opinions
- State v. HartSupreme Court of North Carolina · 1954
- Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
- Kramer v. Thomson-Houston Electric Light Co.Supreme Court of North Carolina · 1886
- State v. MillsSupreme Court of North Carolina · 1884
- State v. . CardenSupreme Court of North Carolina · 1936
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