State v. . Jackson
Supreme Court of North Carolina
IndictmeNT for Conspiracy, tried at Fall Term, 1879, of Wake Superior Court, before Avery, J. The defendants, John Jackson, Anthony Cotten, Chaney Utley and Grace Burt, are charged with conspiring to impute to one Louisa Pierce the crime of infanticide, and to cause her to be arrested, prosecuted and punished therefor.
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IndictmeNT for Conspiracy, tried at Fall Term, 1879, of Wake Superior Court, before Avery, J. The defendants, John Jackson, Anthony Cotten, Chaney Utley and Grace Burt, are charged with conspiring to impute to one Louisa Pierce the crime of infanticide, and to cause her to be arrested, prosecuted and punished therefor. The indictment was found at June term, 1879, to which the defendants had been bound over, or were confined in prison from inability to give bail, and the cause without further action on it was continued. When the trial came on at August term following, the defendant, John…
1Opinion of the CourtSmith, C. J.
We must assume from this acquiescence, and in the absence of any complaint, that when the testimony was all in and it was left to the jury to pass upon the proof of the offence and the complicity of the defendants in committing it, the evidence was reasonably sufficient to establish their guilt and warrant their conviction. Thus considered, the point presented in all the exceptions, except the third, and directly in the last, is, that the combination and common design imputed to the defendants should be first shown, and until this is done, it is irregular and inadmissible to enquire into the…
2Cases cited1 opinion
- State v. EarwoodSupreme Court of North Carolina · 1876
3Cited by53 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. GoldbergSupreme Court of North Carolina · 1964
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- State v. SmallSupreme Court of North Carolina · 1980
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