Legal Opinion

State v. . Spencer

Supreme Court of North Carolina

Decided October 30, 1918PublishedCited by 40 opinions

INDICTMENT for murder, tried before Shaw, J., and a jury, at May Term, 1918, of Surky. Tbe prisoner was charged with tbe murder of Mrs. Alva Hester, which is alleged to have been committed in Forsyth County on 5 March, 1918. The case, upon motion and affidavit of the prisoner, was removed to Surry County for trial.

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INDICTMENT for murder, tried before Shaw, J., and a jury, at May Term, 1918, of Surky. Tbe prisoner was charged with tbe murder of Mrs. Alva Hester, which is alleged to have been committed in Forsyth County on 5 March, 1918. The case, upon motion and affidavit of the prisoner, was removed to Surry County for trial. It was not denied by the prisoner that Mrs. Hester was killed at the time stated, about 5 :30 o’clock in the afternoon of Tuesday, 5 March, 1918, but he contended that he was not there at the time and took no part in the homicide. There is evidence tending to show that almost…

1Opinion of the Court

Walker, J.,

after stating the case: It cannot be well doubted that there was ample evidence of the prisoner’s guilt. The evidence, it is true, was circumstantial, but sufficiently strong for submission to the jury, and the court clearly and fully explained in its instructions the nature of such evidence and what was required to make it sufficient for a conviction. The charge was altogether favorable to the prisoner, and his rights were carefully guarded in every respect, and there is no ground upon which any objection to it can securely rest, though we will later on notice one or two…

2Cases cited20 opinions

  1. State v. . BrittainSupreme Court of North Carolina · 1883
  2. State v. . GrahamSupreme Court of North Carolina · 1876
  3. State v. . CoxSupreme Court of North Carolina · 1910
  4. State v. . QuickSupreme Court of North Carolina · 1909
  5. State v. . LeakSupreme Court of North Carolina · 1911

15 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. State v. PerrySupreme Court of North Carolina · 1969
  3. State v. . LawrenceSupreme Court of North Carolina · 1929
  4. State v. PalmerSupreme Court of North Carolina · 1949
  5. State v. . GraySupreme Court of North Carolina · 1920

35 more not listed; retrieve them via the Exa API.

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