State v. . Payne
Supreme Court of North Carolina
Indictment for stealing a horse, tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. The mare alleged to have been stolen was put in the stable of the prosecutor on the night of Saturday, the 16th of January, 1882. The defendant was that evening in the neighborhood within three miles of the house of the prosecutor, and on the next day at 10 o’clock he was seen alone riding the mare bare-back in the county of McDowell, forty miles distant from the house…
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Indictment for stealing a horse, tried at Spring Term, 1882, of Buncombe Superior Court, before Gilliam, J. The mare alleged to have been stolen was put in the stable of the prosecutor on the night of Saturday, the 16th of January, 1882. The defendant was that evening in the neighborhood within three miles of the house of the prosecutor, and on the next day at 10 o’clock he was seen alone riding the mare bare-back in the county of McDowell, forty miles distant from the house of prosecutor, offering to sell her, and when pursued left the mare and fled on foot. The defendant offered evidence…
1Opinion of the CourtAshe, J.
The error assigned consists in charging that the burden was upon the defendant to show by & preponderance of evidence that his was such a state of mental weakness or mental disease that he did not know the nature and quality of the act, and that it was wrong.
If His Honor, instead of charging the jury that the defendant. must prove his defence in excuse of the crime charged, by a preponderance of evidence, had told them he must prove it to the satisfaction of the jury, his charge would have been in conformity to the most approved forms. State v. Haywood, Phil., 376. His Honor does not seem to…
2Cases cited1 opinion
- State v. . WillisSupreme Court of North Carolina · 1868
3Cited by14 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- State v. . PottsSupreme Court of North Carolina · 1888
- State v. . HarrisSupreme Court of North Carolina · 1943
- Harding v. . LongSupreme Court of North Carolina · 1889
- State v. HarrisSupreme Court of North Carolina · 1943
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