State v. . Gay
Supreme Court of North Carolina
PETITION for a certiorari, heard at February Term, 1886, of the Supreme Court. The cause was tried before Clark, Judge, and a jury, at November Special Criminal Term, 1885, of the Superior Court of Wake county. To sustain his application, the petitioner states, that on his appeal, his counsel prepared the case containing his exceptions to the rulings of the Court, and submitted it to the Solicitor, upon whose objections it was laid before, and settled by the presiding Judge.
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PETITION for a certiorari, heard at February Term, 1886, of the Supreme Court. The cause was tried before Clark, Judge, and a jury, at November Special Criminal Term, 1885, of the Superior Court of Wake county. To sustain his application, the petitioner states, that on his appeal, his counsel prepared the case containing his exceptions to the rulings of the Court, and submitted it to the Solicitor, upon whose objections it was laid before, and settled by the presiding Judge. That among his exceptions, taken at the trial, was an exception to certain evidence offered for the State, and received…
1Opinion of the CourtSmith, C. J.
(after stating the facts). We do not propose to consider the manner in which the ease on appeal was made up, as the subject matter has been examined in another similar application presented at this Term.
Divested of this feature, the case made in support of the application for the writ of certiorari is simply this: The Judge says that the testimony objected to when admitted, not alleged to be material, not set out so that we can see that it is so in the petition, was recalled, and the jury directed not to consider it. The defendant says it was not recalled, but passed on. This issue of fact as…
2Cases cited1 opinion
- McDaniel v. . KingSupreme Court of North Carolina · 1883
3Cited by2 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- State v. . SloanSupreme Court of North Carolina · 1887