Legal Opinion · Dissent

State v. Garland

Supreme Court of North Carolina

Decided May 16, 1905Published

INDICTMENT against Elisba Garland for murder, beard by Judge IF. H. Neal and a jury, at tbe August Term, 1904, of tbe Superior Court of McDowell County. Tbe evidence considered necessary to a proper understanding of tbe decision is as follows: Alfred AVilliams, for tbe State, testified tbat “Just before deceased came in prisoner was drinking, cursing and talking. I was in there when deceased came in. When be came in be walked up to tbe stove and turned bis back to it.

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INDICTMENT against Elisba Garland for murder, beard by Judge IF. H. Neal and a jury, at tbe August Term, 1904, of tbe Superior Court of McDowell County. Tbe evidence considered necessary to a proper understanding of tbe decision is as follows: Alfred AVilliams, for tbe State, testified tbat “Just before deceased came in prisoner was drinking, cursing and talking. I was in there when deceased came in. When be came in be walked up to tbe stove and turned bis back to it. Prisoner told Calicutt, tbe deceased, to put some coal in tbe stove. Deceased said, T am not working here.’ Prisoner told bim…

1DissentConnor, J.

The rule of law is daily announced and enforced by this court that when the defendant demurs to plaintiff’s evidence and demands judgment, he thereby admits the truth of the evidence and every reasonable inference to be drawn therefrom most favorable to the plaintiff. “In passing on and deciding the question presented by the demurrer, the court must consider not only all the facts which the evidence tends to establish, but also such fair and reasonable inferences of fact as the jury, if trying the cause, might have lawfully drawn from such evidence.” 6 Enc. Pl. & Pr., 442. The State having…

2Cases cited10 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1882
  2. State v. . MatthewsSupreme Court of North Carolina · 1878
  3. Shields v. . WhitakerSupreme Court of North Carolina · 1880
  4. Sossamon v. Cruse.Supreme Court of North Carolina · 1903
  5. State v. DanielSupreme Court of North Carolina · 1904

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