Legal Opinion

State v. . Hildreth

Supreme Court of North Carolina

Decided June 5, 1849PublishedCited by 26 opinions

Appeal from the Superior Court of Law of Anson County, at the Fall Term 1848, his Honor Judge Peassoit presiding. The prisoner was indicted for the murder of William Taylor, as being present, aiding and abetting Robert Hil-dreth ; whose case has been before the Court at this term. As far as the evidence was stated in Robert’s case, it is much the same with that, which was given in this case.

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Appeal from the Superior Court of Law of Anson County, at the Fall Term 1848, his Honor Judge Peassoit presiding. The prisoner was indicted for the murder of William Taylor, as being present, aiding and abetting Robert Hil-dreth ; whose case has been before the Court at this term. As far as the evidence was stated in Robert’s case, it is much the same with that, which was given in this case. In addition, however, the witness, Edmund Taylor, stated, that, as soon as his father made the exclamation, that he was killed, he, the witness, jumped off the stack and seized a fence rail to strike…

1Opinion of the CourtRuffin, C. J.

In the case of Robert Hildreth at the present term, the Court had occasion to give an opinion on the degree of the guilt of that person, according to the evidence given by the witness, Edmund Taylor ; which was in accordance with the instruction given in the present casé, in which the Court confined the attention of the jury, upon that question, to the testimony of that witness only. The facts deposed to by him are substantially the same in both cases : and therefore there is nothing for this Court to add on that point. The only material difference in the cases is, that, on Robert’s trial,…

2Cited by26 opinions

  1. State v. CovingtonSupreme Court of North Carolina · 1976
  2. Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
  3. State v. WadeSupreme Court of North Carolina · 1979
  4. State v. HargettSupreme Court of North Carolina · 1961
  5. State v. BirchfieldSupreme Court of North Carolina · 1952

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