State v. . Waller
Supreme Court of North Carolina
INDICTMENT for Fornication and Adultery tried at Fall Term, 1878, of Catawba Superior Court, before Gudger, J. The facts appear in the opinion. The defendants requested the court to charge the jury that there was no evidence of any criminal intercourse, which was refused ; but His Honor told the jury there was some evidence and that they must determine from the circumstances whether there was enough to satisfy them beyond a reasonable doubt of defendants’guilt.
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INDICTMENT for Fornication and Adultery tried at Fall Term, 1878, of Catawba Superior Court, before Gudger, J. The facts appear in the opinion. The defendants requested the court to charge the jury that there was no evidence of any criminal intercourse, which was refused ; but His Honor told the jury there was some evidence and that they must determine from the circumstances whether there was enough to satisfy them beyond a reasonable doubt of defendants’guilt. Verdict of guilty, judgment, appeal by defendants. Poteet’s case, 8 Ire., 23, was relied on for the state-in this court.
1Opinion of the CourtDillabd, J.
In a recent decision of this court the rule is laid down that if “ there is no evidence, or if the evidence-is so slight as not reasonably to warrant the inference of the defendant’s guilt, or furnish more than materials for a mere suspicion, it is- error to leave the issue to be passed on by the jury, and they should be directed to acquit,” State v. Patterson, 78 N. C., 470.
It is to be collected from the statement made up in the iCourfc below1 for our consideration, that the defendant Waller, .an orphan and a cripple, at ten years of age, went to live at .one Hoke’s, at whose house the…
2Cases cited1 opinion
- State v. . PattersonSupreme Court of North Carolina · 1878
3Cited by7 opinions
- Brown v. . KinseySupreme Court of North Carolina · 1879
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
- Powell v. StricklandSupreme Court of North Carolina · 1913
- Powell v. . StricklandSupreme Court of North Carolina · 1913
- State v. . DixonSupreme Court of North Carolina · 1889
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