State v. Kelly
Supreme Court of North Carolina
Indictment, heard before Meares, Judge, at February Term, 1886, of the Criminal Court of MecklenbuRG county. The defendant was indicted at the October Term, 1885, of the Criminal Court of the county of Mecklenburg, for the crime of larceny. Being under recognizance to answer in that behalf at that time, he appeared in person, having counsel present, and pleaded not guilty, and was put upon his trial.
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Indictment, heard before Meares, Judge, at February Term, 1886, of the Criminal Court of MecklenbuRG county. The defendant was indicted at the October Term, 1885, of the Criminal Court of the county of Mecklenburg, for the crime of larceny. Being under recognizance to answer in that behalf at that time, he appeared in person, having counsel present, and pleaded not guilty, and was put upon his trial. He was present (during the trial, as was also his counsel, “ until the jury were returning to the Court room (they having retired to consider of their verdict), to render the same in the case, at…
1Opinion of the Court
MekriMON, J.,
(after stating the facts). That the prisoner in capital felonies has the right to be, and must be, personally present at all tknes in the course of his trial, when anything is done or said affecting him as-to the charge against him on the trial, in any material respect, is not questioned. Indeed, it is conceded that he has such right, and that he must be so present. State v. Crayton, 6 Ired., 164; State v. Blackwelder, Phil., 38; State v. Bray, 67 N. C., 283; State v. Jenkins, 84 N. C., 812.
As to felonies less than capital, the prisoner has precisely the same right to be present,…
2Cases cited5 opinions
- Price v. StateMississippi Supreme Court · 1872
- State v. . PaylorSupreme Court of North Carolina · 1883
- State v. . JenkinsSupreme Court of North Carolina · 1881
- State v. . EppsSupreme Court of North Carolina · 1877
- State v. . BraySupreme Court of North Carolina · 1872
3Cited by31 opinions
- Cawthon v. StateSupreme Court of Georgia · 1904
- State v. HuffSupreme Court of North Carolina · 1989
- State v. DanielsSupreme Court of North Carolina · 1994
- Harold S. Cross v. United StatesCourt of Appeals for the D.C. Circuit · 1963
- State v. HopeSupreme Court of Missouri · 1889
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