State v. Graham
Supreme Court of North Carolina
INdictmeNT against Henry Graham, heard by Judge B. B. Peebles and a jury, at January Term, 1903, of the Superior Court- of Ienoib County. The defendants, together with one O. H. Harrison, who was at the time of the trial dead, were indicted for highway robbery from the person of one L. K. Nicholson, who testified that on the 5th of November, 1902, he came to Kinston with a load of tobacco. That after making some purchases and buying some whiskey he started home.
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INdictmeNT against Henry Graham, heard by Judge B. B. Peebles and a jury, at January Term, 1903, of the Superior Court- of Ienoib County. The defendants, together with one O. H. Harrison, who was at the time of the trial dead, were indicted for highway robbery from the person of one L. K. Nicholson, who testified that on the 5th of November, 1902, he came to Kinston with a load of tobacco. That after making some purchases and buying some whiskey he started home. That he took the wrong road and was turned back. That his horse’s feet got entangled in a tramway near the Becton place. Some one…
1Opinion of the Court
OoNNOR, J.,
after stating the case. It is by no means clear that, taking the testimony of the witnesses introduced by the State to be true, it did more than raise a suspicion of the defendants’ guilt. The Attorney-General, with his uniform candor, conceded that the charge of the Judge, in regard to the manner in which the jury should consider the testimony of the defendants in their own behalf, was not in accordance with the decisions of this Court. We well understand that it is often difficult for the Court to avoid the use of expressions, in charging the jury, which are, under a critical…
2Cases cited6 opinions
- State v. . ByersSupreme Court of North Carolina · 1888
- State v. . BoonSupreme Court of North Carolina · 1880
- State v. AppleSupreme Court of North Carolina · 1897
- State v. . HollowaySupreme Court of North Carolina · 1895
- State v. . CollinsSupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. . BarnhillSupreme Court of North Carolina · 1923
- Herndon v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Herndon v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Herndon v. Southern Railway Co.Supreme Court of North Carolina · 1913
- State v. FoglemanSupreme Court of North Carolina · 1913