State v. . Sneed
Supreme Court of North Carolina
IndictMent for malfeasance in office,, tried at Spring Term, 1880, of Granville Superior Court, before Seymour, J. The bill charged that the defendant had unlawfully, maliciously and corruptly issued his warrant as a justice of the peace against one Henry H. Burwell, Sen.,, Lee Parham,. Nathan Johnson, John Brown and Ransom Frazier,, for forcible trespass upon the property of one Nelson Sneed,, and is in substance as follows: The jurors, &c., present that on the 23d of…
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IndictMent for malfeasance in office,, tried at Spring Term, 1880, of Granville Superior Court, before Seymour, J. The bill charged that the defendant had unlawfully, maliciously and corruptly issued his warrant as a justice of the peace against one Henry H. Burwell, Sen.,, Lee Parham,. Nathan Johnson, John Brown and Ransom Frazier,, for forcible trespass upon the property of one Nelson Sneed,, and is in substance as follows: The jurors, &c., present that on the 23d of August, 1879,. tlie defendant, late of the county of Granville, was one of the justices of the peace, &c.,'and has continued…
1Opinion of the CourtAshe, J.
On the trial only one question of evidence arose. The defendant’s counsel asked Burwell, who was both prosecutor and witness, whether the other parties in the indictment against him and them did not do the tres-” passes mentioned in the indictment, to which he replied, he could not answer without criminating himself; and the court held he need not answer tlie question. In this ruling there was no error, for it is well settled that a witness is not bound to answer a question which tends to his own crimi-nation, and we. think the case of the witness falls within the rule.
There were several…
2Cases cited2 opinions
- Gregory v. BrownCourt of Appeals of Kentucky · 1815
- Spies v. NewberryMichigan Supreme Court · 1847
3Cited by2 opinions
- Blaney v. StateCourt of Appeals of Maryland · 1891
- Jackson v. . BuchananSupreme Court of North Carolina · 1883