State v. . Graham
Supreme Court of North Carolina
INDICTMENT for I a--ceny, tried before Buxton, J., and a jury, at Fall Term, 1875, of Anson Superior Court. The defendant was charged with the larceny of a growing crop. It was in evidence that in the latter part of the week before Fall Term, 1875, of Anson Superior Court, the prosecutor, Lewis Bicketts, missed a quantity of corn from his field, having been pulled from the stalks while standing. The defendant was in the employment of the prosecutor.
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INDICTMENT for I a--ceny, tried before Buxton, J., and a jury, at Fall Term, 1875, of Anson Superior Court. The defendant was charged with the larceny of a growing crop. It was in evidence that in the latter part of the week before Fall Term, 1875, of Anson Superior Court, the prosecutor, Lewis Bicketts, missed a quantity of corn from his field, having been pulled from the stalks while standing. The defendant was in the employment of the prosecutor. Fresh tracks, apparently of a single person, were discovered in the field, leading from stalk to stalk, where the corn was missing. There was a…
1Opinion of the CourtEodhaN, J.
The first exception is, because the Judge permitted the officer who had the prisoner in custody to testify, that he made the prisoner put his foot in the tracks found in the prosecutor’s field, and that his foot fitted the tracks perfectly. It is argued that making the prisoner put his foot in the track was procuring evidence by duress, and the case of State v. Jacobs. 5 Jones, 259, is cited.
The object of all evidence is to elicit the truth. Confessions which are not voluntary, but are made either under the fear of punishment if they are not made, or in the hope of escaping punishment if they…
2Cases cited3 opinions
- Selvidge v. StateTexas Supreme Court · 1867
- Robbins v. . GorhamNew York Court of Appeals · 1862
- White v. StateTennessee Supreme Court · 1872
3Cited by71 opinions
- Mallett v. North CarolinaSupreme Court of the United States · 1901
- State v. RogersSupreme Court of North Carolina · 1951
- State v. TippettSupreme Court of North Carolina · 1967
- State v. FullerMontana Supreme Court · 1906
- State v. BakerWest Virginia Supreme Court · 1889
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