Legal Opinion

State v. . Barber

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 19 opinions

CRIMINAL ACTION, tried at May Term, 1893, of Rowan Superior Court, before Winston, J. The defendants were indicted for larceny and receiving stolen goods, knowing them to have been stolen. The jury found the defendant Barber guiltj'- upon the second count (receiving, etc.), and he alone appealed from the judgment pronounced.

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CRIMINAL ACTION, tried at May Term, 1893, of Rowan Superior Court, before Winston, J. The defendants were indicted for larceny and receiving stolen goods, knowing them to have been stolen. The jury found the defendant Barber guiltj'- upon the second count (receiving, etc.), and he alone appealed from the judgment pronounced. When the case was called in the Supreme Court, counsel for defendant submitted a motion in arrest of judgment, upon the ground that the verdict was insufficient, being in these words: “Guilty of receiving, knowing the tobacco to have been stolen,” and cited and relied…

1Opinion of the Court

Avery, J.:

A talisman was called, who, upon being challenged for cause by the Solicitor, stated that one of the defendants had spoken to him about the case and had requested him to attend as a witness to prove the character of that defendant, who had stated nothing but the fact that he was indicted; that he had agreed to become witness for the defendant and was attending the Court without having been summoned to appear. Two jurors had already been challenged peremptorily for the State, but the defendants had twenty-eight peremptory challenges which were not exhausted by them. The prosecuting…

2Cases cited6 opinions

  1. State v. . ParishSupreme Court of North Carolina · 1889
  2. State v. . AllenSupreme Court of North Carolina · 1890
  3. State v. . HarrisSupreme Court of North Carolina · 1890
  4. State v. . StroudSupreme Court of North Carolina · 1886
  5. State v. . MorrisonSupreme Court of North Carolina · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. BaileySupreme Court of North Carolina · 1961
  2. People v. . MayhewNew York Court of Appeals · 1896
  3. State v. StentzWashington Supreme Court · 1902
  4. State v. TilleySupreme Court of North Carolina · 1954
  5. State v. . LevySupreme Court of North Carolina · 1924

14 more not listed; retrieve them via the Exa API.

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