Legal Opinion

State v. . McDuffie

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 31 opinions

This was an Indictment for Fornication and Adultery, tried before Graves, /., at October Term, 1890, of Moor® Superior Court.

Read the full summary

This was an Indictment for Fornication and Adultery, tried before Graves, /., at October Term, 1890, of Moor® Superior Court. It was in evidence that, in the spring of 1889, the defendants lived together in a small house, containing one room; near the west end of Moore County; that the witness boarded with them two weeks during that spring; that they slept together on a bunk, and witness saw them in the bunk together four different times during the two weeks; that he did not eat with them, but slept in the same house; that the next time he saw them together was at a church in Richmond County,…

1Opinion of the Court

Glabic, J.:

It is said, in McKinnon v. Morrison, 104 N. C., 354, affirming prior authorities cited, that “an unpointed broadside challenge to the charge as given,” is too indefinite to be considered and that “the law is well settled in this respect.” That case-has been several times cited and approved.

The first prayer for instructions is legally correct. The State having given evidence of an offence committed in Moore County, any evidence tending to show fornication and adultery between the parties prior to the bar of the statute of limitations, or in another county, would be merely…

2Cases cited6 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. State v. . BallardSupreme Court of North Carolina · 1878
  3. State v. . GuestSupreme Court of North Carolina · 1888
  4. Staton v. . MullisSupreme Court of North Carolina · 1885
  5. State v. . EmerySupreme Court of North Carolina · 1887

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

3Cited by31 opinions

  1. State v. . PayneSupreme Court of North Carolina · 1938
  2. State v. . HawkinsSupreme Court of North Carolina · 1938
  3. State v. PayneSupreme Court of North Carolina · 1938
  4. State v. Blackley.Supreme Court of North Carolina · 1905
  5. Mitchell v. . R. R.Supreme Court of North Carolina · 1899

26 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