State v. Hemphill
Supreme Court of North Carolina
Appeal by defendant from Lyon, J".,jat March Term, 1913, of BuRKE. The defendant was indicted for an ássault on Oleo Moore. In view of the judge’s charge to the jury, it is necessary to state only the defendant’s testimony, which was as follows: "At the time of the alleged assault, I sajw the prosecutrix, Oleo Moore, down in the woods near a spring with two white men. I took bold of ber to carry ber to ber grandmother.
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Appeal by defendant from Lyon, J".,jat March Term, 1913, of BuRKE. The defendant was indicted for an ássault on Oleo Moore. In view of the judge’s charge to the jury, it is necessary to state only the defendant’s testimony, which was as follows: "At the time of the alleged assault, I sajw the prosecutrix, Oleo Moore, down in the woods near a spring with two white men. I took bold of ber to carry ber to ber grandmother. Sbe jerked loose from me, and I went and told ber grandmother where sbe was and what sbe was doing. Her grandmother cried. I never did strike ber with anything. I only took…
1Opinion of the CourtWalKee, J.
It may be that the defendant should have been convicted ripon the testimony of the State, but this was not submitted to the jury. The instruction of the court confined the jury to a consideration of the defendant’s evidence. We do not think that this evidence was susceptible of only one construction or was so conclusively against the defendant as to warrant a direction to return a verdict of guilty, if the jury believed it. The jury might well have found from the circumstances .surrounding the parties at the time, if left untrammeled by this peremptory instruction, that the prosecutrix was…
2Cited by6 opinions
- State v. . AgnewSupreme Court of North Carolina · 1932
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
- United States v. SingletaryUnited States Court of Military Appeals · 1963
- State v. . ReavisSupreme Court of North Carolina · 1893
- State v. . StansberrySupreme Court of North Carolina · 1929
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