State v. . Mills
Supreme Court of North Carolina
From Duplin. The Defendant was indicted for a forcible trespass. The indictment was as follows : “ The Jurors, &c. pre- “ sent that one Ehoda Waller, of, &c. was on, &c. then “ and there lawfully possessed of certain negro slaves, “ named, &r. and the. said R. W. being so possessed, “ Daniel Bradham, late of, &c.
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From Duplin. The Defendant was indicted for a forcible trespass. The indictment was as follows : “ The Jurors, &c. pre- “ sent that one Ehoda Waller, of, &c. was on, &c. then “ and there lawfully possessed of certain negro slaves, “ named, &r. and the. said R. W. being so possessed, “ Daniel Bradham, late of, &c. James Mills, late of, &c. es and Jesse Ballard, late of, &c. afterwards, to-wit, on, “ &c. at, &c. with force and arms, and with a strong “ hand, at, &o. unlawfully, violently, forcibly and inju- “ riously, did seize, arrest and take from the said II. TV. “ the aforesaid negro…
1Opinion of the CourtRuffin, Judge
There can he no doubt that an accomplice, merely as sueli, is a competent witness on either side. Sergeant Hawkins (book 2, c. 46, s. 18) states, that it is no exception to a witness, that he confesses himself guilty of the same crime, if he be not indicted for it When indicted however, he adds, accomplices are good witnesses for the King, until they be convicted. 1 take it, the rule is perfectly established as thus laid down. It is found iri all the text'writers, and many adjudged cases. The very manner in which Hawkins states it, would exclude the accomplice, jointly indicted, from…
2Cited by12 opinions
- United States v. SchneidermanDistrict Court, S.D. California · 1951
- State v. . HerndonSupreme Court of North Carolina · 1890
- State v. . StinnettSupreme Court of North Carolina · 1933
- State v. . TrexlerSupreme Court of North Carolina · 1815
- United States v. Jaylan Miles Ra Shawn GoreCourt of Appeals for the Sixth Circuit · 2024
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