State v. Plyler
Supreme Court of North Carolina
Appeal from William R. Allen, J., at the August Term, 1910, of UNION. Indictment charging Charles B. Plyler, George Mayhew and John McManus with the murder of Carter Parks. The defendant McManus was acquitted. The court below has now under advisement a motion to set aside the verdict as to defendant Mayhew as being against the weight of the evidence. The defendant Plyler was convicted and sentenced to death. From the judgment of the court he appeals.
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Appeal from William R. Allen, J., at the August Term, 1910, of UNION. Indictment charging Charles B. Plyler, George Mayhew and John McManus with the murder of Carter Parks. The defendant McManus was acquitted. The court below has now under advisement a motion to set aside the verdict as to defendant Mayhew as being against the weight of the evidence. The defendant Plyler was convicted and sentenced to death. From the judgment of the court he appeals. The facts are fully stated in the opinion of Justice Brown.
1Opinion of the CourtBrown, J.
1. Tbe prisoner excejhed to tbe refusal of tbe court below to remove tbe cause for trial to some adjoining county.
As admitted in tbe brief of tbe learned counsel for tbe prisoner it bas been repeatedly decided by this Court that a motion to remove is almost always a matter witbin tbe sound discretion of tbe nisi prius judge and not reviewable bere. Pell’s Revisal, sec. 426, and cases cited.
We find nothing in tbe record which takes this case out; of tbe general rule.
2. Tbe prisoner excepts to tbe ruling of tbe court permitting tbe introduction of evidence by tbe State tending to prove that not…
2Cases cited5 opinions
- State v. . VinsonSupreme Court of North Carolina · 1869
- Johnson v. StateSupreme Court of Alabama · 1850
- State v. . BrabhamSupreme Court of North Carolina · 1891
- State v. . BrantleySupreme Court of North Carolina · 1881
- State v. . AlstonSupreme Court of North Carolina · 1886
3Cited by7 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. SpencerSupreme Court of North Carolina · 1954
- State v. ScalesSupreme Court of North Carolina · 1955
- State v. LowtherSupreme Court of North Carolina · 1965
- State v. . AtwoodSupreme Court of North Carolina · 1918
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