State v. . Shuford
Supreme Court of North Carolina
Indictment for murder, tried at Spring Term, 1873, of Catawba Superior Court, before his Honor, Mitchell, J. The prisoner, a colored woman, with one Geo. Haynes, (the latter not arrested,) was indicted for killing a new born infant, her child. On Tuesday of the term, the prisoner was arraigned and pleaded “ not guilty,” and a special venire of seventy-five jurors ordered to be summoned to appear on the coming Thursday.
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Indictment for murder, tried at Spring Term, 1873, of Catawba Superior Court, before his Honor, Mitchell, J. The prisoner, a colored woman, with one Geo. Haynes, (the latter not arrested,) was indicted for killing a new born infant, her child. On Tuesday of the term, the prisoner was arraigned and pleaded “ not guilty,” and a special venire of seventy-five jurors ordered to be summoned to appear on the coming Thursday. On Wednesday, the Solicitor for the State sent a new bill to the grand jury against the same parties for the same offence, which being found “ a true bill,” the prisoner on…
1Opinion of the CourtSettle, J.
The prisoner being oh trial for the murder of her child, recently born, the Court permitted three witnesses to state to the jury, that the mother of the prisoner -said in her presence, just after the dead body was found, ,.aiid while the prisoner was under arrest, that “ she had .a ,-child this way before, and put it away,” and that the prisoner made no reply, and it was argued from her silence that she had confessed the charge of putting away the first child.' v Of course the purpose of this evidence was to induce the •jury to conclude that if the prisoner had put away one /child, she' would…
2Cited by20 opinions
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- State v. . SmoakSupreme Court of North Carolina · 1938
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- State v. SmoakSupreme Court of North Carolina · 1938
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