Legal Opinion

State v. Earwood

Supreme Court of North Carolina

Decided June 15, 1876PublishedCited by 3 opinions

INDICTMENT, tried before Watts, J., at Spring Term, 1876, of Henderson Superior Court. The defendants were indicted for a conspirary to take away the wife, and the goods and chattels of N. J. Moore. N. J. Moore and Julia Johnson intermarried in January, 1875, and lived together some months when they separated. She soon returned to her husband and remained two weeks, when she again left him.

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INDICTMENT, tried before Watts, J., at Spring Term, 1876, of Henderson Superior Court. The defendants were indicted for a conspirary to take away the wife, and the goods and chattels of N. J. Moore. N. J. Moore and Julia Johnson intermarried in January, 1875, and lived together some months when they separated. She soon returned to her husband and remained two weeks, when she again left him. On the night of the,day she left, together with the defendants, among whom were her mother, two brothers and a brother-in-law, she went to the house of her husband, who forbade them to enter. They walked…

1Opinion of the CourtRead, J.

The declarations of one of the alleged conspirators, made in the absence of the others, after the transac-*211lion was over, introduced by the State to prove the conspiracy, were clearly incompetent as against any one except himself.

There is error. This will be-certified.

•Pasa Curia®. Judgment reversed and 'venvre 4e núi¡&.

2Cited by3 opinions

  1. State v. SmallSupreme Court of North Carolina · 1980
  2. State v. . JacksonSupreme Court of North Carolina · 1880
  3. State v. Van PeltSupreme Court of North Carolina · 1904

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