State v. . Lee
Supreme Court of North Carolina
INDICTMENT for Burglary tried at Fall Term, 1878, of-Cumberland Superior Court, before Buxton, J. The indictment was found by a grand jury in Bladen,, and the case was removed to Cumberland for trial. After-conviction the prisoner moved for a new trial and in arrest. of judgment on the grounds as stated in the opinion of this court. His motion. was refused. Judgment, appeal by prisoner.
1Opinion of the CourtDillard, J.
The first error assigned is, that on the trial in the court below the state allowed the prosecuting witness to retire from the stand without making proof that the dwelling house in which the offence was alleged to have been committed was closed on the night in question, and thereupon His Honor recalled the witness and had the omitted proof supplied under his own examination. In this there was no error.
The conduct of a trial is generally under the management ■ of the solicitor and the counsel of the prisoner, with the right and duty in each to adduce their testimony to the facts by them deemed…
2Cited by10 opinions
- Sharp v. StateSupreme Court of Arkansas · 1888
- State v. Ledford.Supreme Court of North Carolina · 1903
- Beck v. Sylva Tanning Co.Supreme Court of North Carolina · 1919
- Olive v. . OliveSupreme Court of North Carolina · 1886
- People v. RamirezCalifornia Court of Appeal · 1952
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