State v. . Jacobs
Supreme Court of North Carolina
Indictment for Murder, tried before Brown, J., at May Term, 1890, of RobesoN Superior Court. The appellant prisoner and three others were indicted together for the murder of Candis Arps. Upon their arraignment, they severally pleaded “not guilty.” . On the trial, a witness for the State, Alexander Oxendine, testified that he was present when the prisoner shot the deceased. He stated that others also fired guns at her.
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Indictment for Murder, tried before Brown, J., at May Term, 1890, of RobesoN Superior Court. The appellant prisoner and three others were indicted together for the murder of Candis Arps. Upon their arraignment, they severally pleaded “not guilty.” . On the trial, a witness for the State, Alexander Oxendine, testified that he was present when the prisoner shot the deceased. He stated that others also fired guns at her. On his cross-examination, which tended to impeach his testimony, he said: “I testified, on my trial” (he had been indicted and tried for the same offence), “that Make and I did…
1Opinion of the CourtMerbimon, C. J.
after stating the fagts: There is no merit in any of the prisoner’s exceptions. The motion in arrest of judgment is wholly without force. That4 two of the persons indicted with the prisoner for the murder charged in the indictment had been tried and convicted could not relieve or excuse him from answering for the crime charged against him. lie and they were alike guilty, and it can make no difference that two of them were tried at one time and the prisoner at another.
As to the first exception to evidence, it appears, from the nature of the evidence of the witness Atlas Oxendine and the…
2Cases cited2 opinions
- State v. . RoweSupreme Court of North Carolina · 1887
- State v. . BrewerSupreme Court of North Carolina · 1887