State v. . Clark
Supreme Court of North Carolina
Appeal from the Superior Court of Law o£ Person County, at the Spring Term, 1851, his Honor Judge Bailey presiding. The prisoner was charged, in two counts with the murder of Eli Sigman : in the one by shooting, and in the other by striking, thrusting, and cutting with a knife upon the throat, the front part of the neck and the left side of the belly. He pleaded not guilty, and was convicted on both counts, and after sentence of death he appealed.
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Appeal from the Superior Court of Law o£ Person County, at the Spring Term, 1851, his Honor Judge Bailey presiding. The prisoner was charged, in two counts with the murder of Eli Sigman : in the one by shooting, and in the other by striking, thrusting, and cutting with a knife upon the throat, the front part of the neck and the left side of the belly. He pleaded not guilty, and was convicted on both counts, and after sentence of death he appealed. The hill of exceptions states, that on the trial- eyid6nce was given, that the body was found in a secret place in the woods, about three months…
1Opinion of the CourtRuffin, C. J.
The answer of the witness is not set forth in the bill of exceptions, so as to show it to have been to the prejudice of the prisoner; which must always be done to entitle the party to a venire de novo. It has been often said in the Court, that every thing is to be presumed right» unless he, who alleges error, show some one in particular. It is obvious, that it is not competent to the Court here to go out of the record for the affirmative presumption, that this witness replied, that from the evidence he could form an opinion, as a matter of science, and, further, that his opinion was, that the…
2Cited by3 opinions
- State v. Wilcox.Supreme Court of North Carolina · 1903
- Lowe v. . DorsettSupreme Court of North Carolina · 1899
- State v. Wilcox.Supreme Court of North Carolina · 1903