State v. . Godwin
Supreme Court of North Carolina
OeiMINal aotioN, tried before Justice, J., and a jury, at September Term, 1906, of the Superior Court of Anson County. This is an indictment for injuring and removing a fence surrounding a yard, garden and cultivated field, under Re-visal, sec. SbYS. When the evidence was closed, the Court instructed the jury to return a verdict of guilty.
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OeiMINal aotioN, tried before Justice, J., and a jury, at September Term, 1906, of the Superior Court of Anson County. This is an indictment for injuring and removing a fence surrounding a yard, garden and cultivated field, under Re-visal, sec. SbYS. When the evidence was closed, the Court instructed the jury to return a verdict of guilty. The defendant contended that the fence obstructed West Street (extended), in the town of Polkton, while the State insisted that thefiand surrounded by the fence had not been dedicated to the public for the purpose of being used as a street, and to these…
1Opinion of the Court
WalKee, L,
after' stating the case: The charge of the Court was a peremptory one, by which the jury were instructed to find the defendant guilty, without any direction that they should pass upon any of the evidence or even the credibility of the witnesses. We cannot approve the form of the charge. Manufacturing Co. v. Railroad, 128 N. C., 284, 285. It is for the jury to find the ultimate fact of guilt upon the evidence and under the instructions of the Court as to the law. The jury were not even told that, if they believed the .evidence or if they found the facts to be according to the…
2Cases cited21 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- State v. . FisherSupreme Court of North Carolina · 1895
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Hester v. Traction Co.Supreme Court of North Carolina · 1905
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3Cited by21 opinions
- State v. . MalpassSupreme Court of North Carolina · 1925
- State v. MalpassSupreme Court of North Carolina · 1925
- Threadgill v. Town of WadesboroSupreme Court of North Carolina · 1916
- People v. HeikkalaMichigan Supreme Court · 1924
- State v. . HiggsSupreme Court of North Carolina · 1900
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