State v. . Murphy
Supreme Court of North Carolina
IndictmbNT- for larceny tried at Fall Term, 1879-, of Pen-ber Superior Court, before Eure, J. /The prosecutor testified on the trial, that shortly after losing one of his hogs, ia the mouth of October or November, he went to the house of defendant to inquire after his lost hog; that he described the hog to the defendant and he said he had not seen 'any hog of that description; that in two or three days afterwards he went to the defendant’s house to look after some hogs in a…
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IndictmbNT- for larceny tried at Fall Term, 1879-, of Pen-ber Superior Court, before Eure, J. /The prosecutor testified on the trial, that shortly after losing one of his hogs, ia the mouth of October or November, he went to the house of defendant to inquire after his lost hog; that he described the hog to the defendant and he said he had not seen 'any hog of that description; that in two or three days afterwards he went to the defendant’s house to look after some hogs in a pen which he did not see on a former visit; that he found two hogs in a pen; one of them was his hog; the pen was o.n…
1Opinion of the CourtAsms, J.
The only question presented by the appeal for our determination is, whether the court below committed an error in admitting the testimony of the witness Register, “that the other hog in the pen of the defendant was his hog, and he then and there claimed it and demanded the defendant to deliver it to Mm.”
It is a fundamental principle of law, that evidence of one offence cannot be given in evidence against a defendant to prove that he was guilty of another. We have been unable to find any exception to this well-established rule; exceptin those eases where evidence of independent offences have…
2Cases cited2 opinions
- Yarborough v. StateSupreme Court of Alabama · 1868
- Tharp v. StateSupreme Court of Alabama · 1849
3Cited by35 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- Counterman v. ColoradoSupreme Court of the United States · 2023
- State v. Adams.Supreme Court of North Carolina · 1905
- State v. . LeakSupreme Court of North Carolina · 1911
- State v. MaySupreme Court of North Carolina · 1977
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