Legal Opinion

State v. . Jenkins

Supreme Court of North Carolina

Decided October 26, 1921PublishedCited by 16 opinions

Appeau by defendant from Granmer, J., at tbe April Term, 1921, of N ORTHAMPTOW. Tbe following is tbe bill of indictment: “Tbe jurors for tbe State upon tbeir oatb present, tbat J. M. Jenkins, late of tbe county of Northampton, on 5 March, 1921, with force and arms, in said county a lot of bacon meat of tbe value of $25, tbe goods and chattels of Gr.

Read the full summary

Appeau by defendant from Granmer, J., at tbe April Term, 1921, of N ORTHAMPTOW. Tbe following is tbe bill of indictment: “Tbe jurors for tbe State upon tbeir oatb present, tbat J. M. Jenkins, late of tbe county of Northampton, on 5 March, 1921, with force and arms, in said county a lot of bacon meat of tbe value of $25, tbe goods and chattels of Gr. B. Warren then and there being found, then and there did feloniously steal, take and cany away, against tbe form of tbe statute in such case made and provided, and against tbe peace and dignity of tbe State. “And tbe jurors aforesaid, upon their…

1Opinion of the Court

AuaMS, J.:

When the case was called for argument the defendant’s counsel filed a motion for a new trial upon the ground of newly discovered evidence. The motion must be denied. In numerous decisions this Court has held that a new trial will not be awarded in a criminal action for newly discovered evidence; and in S. v. Lilliston, 141 N. C., 857, the Chief Justice said: “So the point is settled, if the uniform practice of this Court and its repeated and uniform decisions to the same effect can settle anything.” S. v. Register, 133 N. C., 747; S. v. Turner, 143 N. C., 641; S. v. Ice Co., 166 N.…

2Cases cited4 opinions

  1. State v. Exum.Supreme Court of North Carolina · 1905
  2. State v. Lilliston.Supreme Court of North Carolina · 1906
  3. State v. . RegisterSupreme Court of North Carolina · 1903
  4. State v. Salisbury Ice & Fuel Co.Supreme Court of North Carolina · 1914

3Cited by16 opinions

  1. State v. . CaseySupreme Court of North Carolina · 1931
  2. State v. . HartsfieldSupreme Court of North Carolina · 1924
  3. State v. CaseySupreme Court of North Carolina · 1931
  4. State v. . JacksonSupreme Court of North Carolina · 1930
  5. Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API