State v. . Sheets
Supreme Court of North Carolina
INDICTMENT for malicious mischief tried at Fall Term, 1883, of Randolph Superior Court, before MctcRae, J. The defendant is charged with poisoning a mare colt, the property of one Calvin Hancock. On the trial, the counsel representing the state made an opening- statement to the jury of what the state expected to prove.
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INDICTMENT for malicious mischief tried at Fall Term, 1883, of Randolph Superior Court, before MctcRae, J. The defendant is charged with poisoning a mare colt, the property of one Calvin Hancock. On the trial, the counsel representing the state made an opening- statement to the jury of what the state expected to prove. He said ho expected to show that the defendant and Hancock lived near together, and that there was enmity between them ; that the son of the prosecutor, Hancock, a small boy, about eleven years old, about eight days before the alleged offence was committed, went to defendant’s…
1Opinion of the Court
Ashe, J.,
after stating the facts. The first exception taken by the defendant was that the state’s counsel was permitted by the court to make a preliminary statement of what the state expected to prowe. .So far from the practice being objectionable, we think it is to be commended; for its effect is to direct the attention of the jury to the material points in the evidence. It is a practice which has long prevailed in this state.
The second exception, to the admission of the evidence in regard to tli.e whipping the child of the prosecutor, and the prosecution of the defendant by him for the…
2Cases cited2 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Horton v. . GreenSupreme Court of North Carolina · 1870
3Cited by18 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- State v. . SteeleSupreme Court of North Carolina · 1925
- Sherrod v. StateMississippi Supreme Court · 1908
- State v. SteeleSupreme Court of North Carolina · 1925
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
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