State v. Haynes
Supreme Court of North Carolina
INDICTMENT, burglary, tried at tbe Spring Term, 1874, of the Superior Court of Davie county, before his Honor, Judge (Jl&ud. The prisoner was charged with burglariously entering the house of the prosecutrix, Amanda Ellis, in one count, with intent to steal the “goods and chattels,” and in a second count, a “ pocket book,” of the property of the said Amanda Ellis. To both of these counts prisoner pleaded “ not guilty.”
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INDICTMENT, burglary, tried at tbe Spring Term, 1874, of the Superior Court of Davie county, before his Honor, Judge (Jl&ud. The prisoner was charged with burglariously entering the house of the prosecutrix, Amanda Ellis, in one count, with intent to steal the “goods and chattels,” and in a second count, a “ pocket book,” of the property of the said Amanda Ellis. To both of these counts prisoner pleaded “ not guilty.” The prosecutrix stated that she lived with her daughter in a house with two rooms below with a passway between them, and one room above, to which stairs ran up from the passage.…
1Opinion of the CourtByNuki, J.
The prisoner has assigned 'three reasons why he is entitled to a venire de novo.
1. After examining two witnesses, the State rested the case. The prisoner insisted that the State should be compelled to disclose its whole case, and should not be allowed to call other witnesses, except in reply to the prisoner’s testimony. The Court declined to interfere, in that there was no error. It is the province of the prosecuting officer to determine who shall be examined as witnesses on the part of the State, and when he will rest his case, and the rules of practice are the same in this respect, in civil…
2Cases cited1 opinion
- State v. . WhiteSupreme Court of North Carolina · 1873
3Cited by11 opinions
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Carlton v. PeopleIllinois Supreme Court · 1894
- Buel v. StateWisconsin Supreme Court · 1899
- Welsh v. StateSupreme Court of Alabama · 1892
- Stone v. StateCourt of Criminal Appeals of Texas · 1924
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