Legal Opinion

State v. . Kendall

Supreme Court of North Carolina

Decided May 14, 1907PublishedCited by 36 opinions

INDICTMENT for tbe murder of one Lawrence Nelson, tried before bis Honor, Peebles, J., and a jury, at February Term, 1901, of tbe Superior Court of Caldwell County.

Read the full summary

INDICTMENT for tbe murder of one Lawrence Nelson, tried before bis Honor, Peebles, J., and a jury, at February Term, 1901, of tbe Superior Court of Caldwell County. There was testimony on tbe part1 of tbe State tending to show that deceased, Lawrence Nelson, disappeared from tbe knowledge and observation of his associates and neighbors in Lenoir, N. 0., where be then worked, on 25 September, 1906; and that on 11 December following bis dead body was found in tbe woods, three and one-half miles northeast of tbe town of Lenoir; that tbe body bad a bullet-bole which entered from tbe back of tbe…

1Opinion of the Court

Hoxe, J\,

after stating the case: The verdict shows, necessarily, that' the jury have rejected the evidence of the prisoners in denial of their guilt and tending to establish an alibi, and have accepted the testimony of the State; and this being true, defendants may well feel that they have been mercifully -dealt with by the verdict and that every reasonable doubt arising on this testimony has been resolved in their favor.

It is objected to the validity of the trial that one of the jurors was permitted to ask a question of a witness who was then upon the stand giving his testimony. There is no…

2Cases cited6 opinions

  1. State v. FosterSupreme Court of North Carolina · 1902
  2. State v. Clark.Supreme Court of North Carolina · 1904
  3. State v. ByrdSupreme Court of North Carolina · 1897
  4. State v. . ChavisSupreme Court of North Carolina · 1879
  5. State v. . FinleySupreme Court of North Carolina · 1896

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

3Cited by36 opinions

  1. State v. FisherOhio Supreme Court · 2003
  2. State v. BryantSupreme Court of North Carolina · 1972
  3. State v. . KnottsSupreme Court of North Carolina · 1914
  4. State v. HowardSupreme Court of North Carolina · 1987
  5. State v. . SmithSupreme Court of North Carolina · 1931

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API