State v. . Sparrow
Supreme Court of North Carolina
1 I From Orange. J The Defendant was indicted for the crime of murder in Orange Superior Court, and at the trial, after the Jury were charged, the counsel for the Defendant required that all the witnesses on the part of the State should be sworn and sent out of the hearing of the Court •, and the Solicitor-General made a similar motion respecting the witnesses for the Defendant: both of which motions were allowed by the Court, and sundry witnesses were sworn on eac¡) an(]…
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1 I From Orange. J The Defendant was indicted for the crime of murder in Orange Superior Court, and at the trial, after the Jury were charged, the counsel for the Defendant required that all the witnesses on the part of the State should be sworn and sent out of the hearing of the Court •, and the Solicitor-General made a similar motion respecting the witnesses for the Defendant: both of which motions were allowed by the Court, and sundry witnesses were sworn on eac¡) an(] sent out. After the evidence had been closed on the part of the State and the Defendant, the Solicitor-General moved for…
1Opinion of the Court
Henderson, Judge.
I concur in the opinion delivered by Judge Hall, that the rule for a, pew trial should be dis charged: for whatever may bo the consequence of an omission or refusal to obey the order of the Court to name or send out the witnesses, I think the Court is not authoris-ed to reject a witness offered at the proper time, because he was not sent out. This would add another objection on the score of incompetency, unknown in our law as far as 1 can discover. For I have never yet read or heard of a witness being rejected on that account; and it must be admitted that this motion is…
2Cited by8 opinions
- State v. . LowrySupreme Court of North Carolina · 1915
- Lee v. . ThorntonSupreme Court of North Carolina · 1917
- State v. LowrySupreme Court of North Carolina · 1915
- State v. DavisSupreme Court of North Carolina · 1918
- State v. . DavisSupreme Court of North Carolina · 1918
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