State v. . Starnes
Supreme Court of North Carolina
Indictment-for rape, beard before Graves, Judge, at September Term, 1886, of the Superior Court of Union county. The defendant appealed. The facts fully appear in the opinion.
1Opinion of the Court
Smith, G. J.
When this cause was before the Court on the former appeal of the defendant, 94 K ('., 973, and no error was found in the record of which the prisoner could complain, application for an order for a new trial to be had in the Court below, was made upon the ground of the discovery of new and material testimony in favor of the ■accused, since the former trial. The motion, so far as our •own and the researches of counsel disclose, is without precedent in the administration of the criminal law on appeals to this Court, and so fundamentally repugnant to the functions of a reviewing…
2Cases cited2 opinions
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Simmons v. . MannSupreme Court of North Carolina · 1885
3Cited by28 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. . DegraffSupreme Court of North Carolina · 1893
- State v. . HartsfieldSupreme Court of North Carolina · 1924
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