State v. . Secrest
Supreme Court of North Carolina
Indiotment for Murder removed from Burke and tried .at Fall Term, 1878, of McDowell Superior Court, before Qudg&r, J. The prisoner was charged with the murder of his wife by .means to the jurors unknown.;- The case states that the prosecution relied wholly on circumstantial evidence tending to show that the homicide occurred on the 6th of March, 1877, while the prisoner alleged that his wife was living long after that date, and proposed to prove by a witness that about…
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Indiotment for Murder removed from Burke and tried .at Fall Term, 1878, of McDowell Superior Court, before Qudg&r, J. The prisoner was charged with the murder of his wife by .means to the jurors unknown.;- The case states that the prosecution relied wholly on circumstantial evidence tending to show that the homicide occurred on the 6th of March, 1877, while the prisoner alleged that his wife was living long after that date, and proposed to prove by a witness that about Christmas, 1877, a lady and child came on board the cars at Chester, S. C., and the lady told the witness she was going to…
1Opinion of the Court
Smiíh, C. J.
In the able and earnest argument on behalf of the prisoner his counsel insisted that the case contained in the record failed to disclose sufficient proof of the corpus delicti, or offence charged, to authorize the jury to pass upon the question of the prisoner’s guilt. It is contended that the evidence does not establish the death of the prisoner’s wife with whose murder he is charged, nor identifythe remains taken from the place of their deposit in the pit, as hers, nor show that the person found died from an act of violence, and that without proof of these facts the jury should…
2Cases cited1 opinion
- State v. WardSupreme Court of Vermont · 1867
3Cited by19 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- Summerlin v. Carolina & North-Western RailroadSupreme Court of North Carolina · 1903
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- State v. GastonSupreme Court of North Carolina · 1952
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
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