State v. . Collins
Supreme Court of North Carolina
INDICTMENT Eon laRceny, tried before Graham, J., and a jury, at Eall Term, 1895, of Onslow Superior Court. The defendant was convicted and appealed. The facts necessary to an understanding of the decision of the Court are set out in the opinion of Associate Justice Montgomery.
1Opinion of the Court
Montgomery, J.:
In the trial below the defendant and his wife were introduced as witnesses for himself. In reference to the weight of their testimony, the court told the jury that it was their duty “ to scrutinize carefully the evidence of the defendant and his wife, and on account of their interest in the event of the action should receive their testimony with grains of allowance.” The defendant entered an exception to this instruction, and we are of the opinion that the exception was well taken. The language used .was' in effect a charge to the jury that, even though they might believe the…
2Cases cited2 opinions
- State v. . ByersSupreme Court of North Carolina · 1888
- State v. . HollowaySupreme Court of North Carolina · 1895
3Cited by14 opinions
- State v. . McKinnonSupreme Court of North Carolina · 1943
- State v. McKinnonSupreme Court of North Carolina · 1943
- State v. . HollandSupreme Court of North Carolina · 1939
- State v. . EdwardsSupreme Court of North Carolina · 1937
- State v. LeeSupreme Court of North Carolina · 1897
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