State v. . Walton
Supreme Court of North Carolina
CRIMINAL action tried before Qline, J., at February Term, 1916, of Davidson. The defendant 'Walton and a female defendant were indicted for fornication and adultery, and from a judgment rendered on a verdict of guilty, Walton appealed. Tie was sentenced to jail for six months.
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CRIMINAL action tried before Qline, J., at February Term, 1916, of Davidson. The defendant 'Walton and a female defendant were indicted for fornication and adultery, and from a judgment rendered on a verdict of guilty, Walton appealed. Tie was sentenced to jail for six months. It appears that the woman, Mrs. Harris, with whom the defendant is charged with having maintained illegal relations, lives about a mile and a half from the Amazon Mill, and that the defendant was night watchman at .that mill. He visited her home almost daily, during the day and at night, and was frequently seen cutting…
1Opinion of the Court
AlltüN, J.
If tie declaration of tie female defendant, that tie male
defendant was tie father of her child, was made in tie presence of tie defendant and was heard by him, it was clearly competent, “for a declaration in tie presence of a party to a cause becomes evidence, as showing that tie party, on hearing such a statement, did not deny its truth; for if ie is silent when he ought to have denied, there is a presumption of his acquiescence. And where a statement is made, either to a man or within his hearing, that ie was concerned in tie commission of a crime, to which ie makes no reply, tie…
2Cases cited1 opinion
- State v. . SuggsSupreme Court of North Carolina · 1883
3Cited by13 opinions
- State v. BennettSupreme Court of North Carolina · 1953
- State v. GuffeySupreme Court of North Carolina · 1964
- State v. HendrickSupreme Court of North Carolina · 1950
- State v. . WilsonSupreme Court of North Carolina · 1933
- Sanders v. NewsomeSupreme Court of Virginia · 1942
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