State v. . Collins
Supreme Court of North Carolina
Evi den ce — Pra dice. Indictment for LarceNY, tried before Meares, Judge, and a jury, at September Term, 1885, of the Criminal Court of New HANOVER county.
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Evi den ce — Pra dice. Indictment for LarceNY, tried before Meares, Judge, and a jury, at September Term, 1885, of the Criminal Court of New HANOVER county. The defendants were charged with the larceny of some hams, the property of John L. Boatwright, and on the trial, after some-testimony had been offered tending to establish the larceny, the defendant Julius Jones was placed on the stand bj' the Solicitor, and was cautioned as to his legal rights, and informed with great particularity by the Court, that he was not bound to give any testimony that would criminate himself. He then testified…
1Opinion of the CourtAshe, J.
(after stating the facts). There is no error. If his-Honor committed an error in admitting the declaration of Jones,, it was remedied by his withdrawing it from the jury, and excluding it from their consideration. The case of McAllister v. McAllister, 12 Ired., 184, settles this point. There the error alleged was in receiving the register’s book in evidence, instead of a certified copy of the registry. Ruffin, C. J., said: “If there had been error in admitting the register’s book, the defendant would have no cause of complaint, for the .evidence was clearly and promptly withdrawn from the…
2Cited by16 opinions
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- State v. . CraneSupreme Court of North Carolina · 1892
- State v. . StewartSupreme Court of North Carolina · 1925
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