Legal Opinion

State v. . Lytle

Supreme Court of North Carolina

Decided September 5, 1895PublishedCited by 31 opinions

INDICTMENT for barn burning, tried before Ewart, J., at the July, 1895, Term of the Criminal Circuit Court for Buncombe County. The- defendant was convicted and appealed. The facts appear in the opinion of Associate Justice Eueches.

1Opinion of the Court

Furches, J.:

The exceptions not appearing very plainly from the record, it was agreed by the Attorney General and Mr. Adams, who represented the defendant, to submit the case on three exceptions: 1. That there was no evidence that the offence charged (burning a barn) was committed in Buncombe county. 2. As to the admission of evidence that defendant had threatened to burn the barn. 3. The court erroneously allowed the evidence of Doslcins as to seeing defendant the night of the fire.

The first exception cannot be sustained. The indictment charged the offence to have been committed in Bun combe…

2Cases cited5 opinions

  1. State v. . ThompsonSupreme Court of North Carolina · 1887
  2. State v. . RhodesSupreme Court of North Carolina · 1892
  3. State v. . MitchellSupreme Court of North Carolina · 1880
  4. State v. . OuterbridgeSupreme Court of North Carolina · 1880
  5. State v. . ThorpSupreme Court of North Carolina · 1875

3Cited by31 opinions

  1. People v. JenningsIllinois Supreme Court · 1911
  2. State v. . LawrenceSupreme Court of North Carolina · 1929
  3. State v. LewisSupreme Court of North Carolina · 1906
  4. State v. ChurchSupreme Court of North Carolina · 1949
  5. McGarry v. StateCourt of Criminal Appeals of Texas · 1918

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