State v. . Harris
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at Fall Term, 1913, of YaNCe. Criminal action tried on appeal from recorder’s court. The facts and occurrences of the trial are sufficiently and fairly stated in the case on appeal as follows: R. M. Saunders testified for the State: “I am chief of police of Henderson. On 23 August of this year I was at Cooper’s 'Warehouse, between the hours of 2 and 5 o’clock, watching3 through a crack in the wall.
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Appeal by defendant from Peebles, J., at Fall Term, 1913, of YaNCe. Criminal action tried on appeal from recorder’s court. The facts and occurrences of the trial are sufficiently and fairly stated in the case on appeal as follows: R. M. Saunders testified for the State: “I am chief of police of Henderson. On 23 August of this year I was at Cooper’s 'Warehouse, between the hours of 2 and 5 o’clock, watching3 through a crack in the wall. I saw the defendant and Ivey together on the street. Harris handed Ivey a bottle of whiskey, and I think I saw something pass between them. I don’t know what…
1Opinion of the CourtIIoke, J.
There were facts in evidence permitting an inference of guilt, and his Honor was correct in submitting the case to the jury. We must hold, however, that there was error in the charge of the court to the effect “That the jury ought not to consider the failure of the State to produce Ivey,” etc. It has been held in several cases that a solicitor must' be allowed the control and general management of the State’s case in a criminal prosecution, and may examine such of the witnesses as he may deem necessary or desirable. S. v. Lucas, 124 N. C., 825; S. v. Jones, 77 N. C., 520; S. v. Smallwood, 75…
2Cases cited6 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- State v. . DickSupreme Court of North Carolina · 1864
- State v. CookSupreme Court of North Carolina · 1913
- State v. . SmallwoodSupreme Court of North Carolina · 1876
- State v. . JonesSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. . JonesSupreme Court of North Carolina · 1921
- State v. BehiterNevada Supreme Court · 1934
- State v. HinkleWest Virginia Supreme Court · 1982
- State v. . BrinkleySupreme Court of North Carolina · 1922
2 more not listed; retrieve them via the Exa API.