Legal Opinion

State v. . Diggs

Supreme Court of North Carolina

Decided April 27, 1921PublishedCited by 7 opinions

Appeal by defendants from McElroy, J., at September Term, 1920, OÍ ÁNSON. Criminal prosecution, tried upon an indictment charging the defendants (fourteen in number) with conspiring, confederating and agreeing among themselves and with others to unlawfully and feloniously assault and murder one W. H. Watkins.

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Appeal by defendants from McElroy, J., at September Term, 1920, OÍ ÁNSON. Criminal prosecution, tried upon an indictment charging the defendants (fourteen in number) with conspiring, confederating and agreeing among themselves and with others to unlawfully and feloniously assault and murder one W. H. Watkins. Tbe 'evidence, tending to sbow an unlawful conspiracy among tbe defendants, was equally as strong in establishing tbat others,' not named in tbe bill, participated in what took place and aided and abetted tbe present defendants or some of them. Upon tbe question as to what verdict might…

1Opinion of the Court

Stacy, <7.

Tbe defendants were tried jointly, and rightly so. But we think bis Honor erred in charging tbe jury tbat a verdict of guilty could not be returned against one of tbe defendants singly and tbat all should be acquitted unless as many as two were convicted. It is true the crime of conspiracy cannot be committed by one person alone. It requires tbe confederation of at least two and, of course, it may include more. S. v. Christianbury, 44 N. C., 46; S. v. Younger, 12 N. C., 357. But tbe bill charged tbat tbe defendants conspired among themselyes and with others. Hence, tbe jury might…

2Cases cited2 opinions

  1. State v. . YoungerSupreme Court of North Carolina · 1827
  2. State v. . Christianbury and HermonSupreme Court of North Carolina · 1852

3Cited by7 opinions

  1. State v. . DavenportSupreme Court of North Carolina · 1947
  2. State v. . AndersonSupreme Court of North Carolina · 1935
  3. State v. DavenportSupreme Court of North Carolina · 1947
  4. State v. AndersonSupreme Court of North Carolina · 1935
  5. State v. . WrennSupreme Court of North Carolina · 1930

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