State v. . Miller
Supreme Court of North Carolina
Indictment, for an Assault, with, intent to kill, tried before Kerr, J., at Spring Term, 1876, of Randolph Superior Court. At the conclusion of the evidence, his Honor remarked that he would hear but one of the prisoner’s counsel, he being represented by three.
Read the full summary
Indictment, for an Assault, with, intent to kill, tried before Kerr, J., at Spring Term, 1876, of Randolph Superior Court. At the conclusion of the evidence, his Honor remarked that he would hear but one of the prisoner’s counsel, he being represented by three. One of the counsel thereupon addressed the jury, and at the conclusion of his remarks, another of the counsel arose and stated to the Court that, in order to make a proper presentment of the defendant’s case, it was necessary that another of the counsel should address the jury, and asked permission so to do. The Court refused to hear…
1Opinion of the CourtReade, J.
Anciently, and until lately*the Judge, holding his Court, was the principal personage. He was clothed with the insignia of dignity, and represented majesty — the majesty of the law. It is so now to some, but not to the same extent. We have no disposition to enter upon the discussion, whether the change is for the better or for the worse. It may still be said that the Judge holds his Court as a driver holds the reins, (Webster) to govern, guide, restrain, except where he is himself restrained by law.
The restraints which have been put upon the Judges in this State have been very few. Some…
2Cases cited1 opinion
- State v. . CollinsSupreme Court of North Carolina · 1874
3Cited by20 opinions
- State v. IrickSupreme Court of North Carolina · 1977
- State v. GladdenSupreme Court of North Carolina · 1986
- State v. HuffSupreme Court of North Carolina · 1989
- State v. ChapmanSupreme Court of North Carolina · 2005
- State v. RossOregon Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.