State v. . Braddy
Supreme Court of North Carolina
New Trial — Discretion—Exception, When made. This is a CRIMINAL action, which was tried before Mac-Rae, J., at September Term, 1889, of Pitt Superior Court. The indictment charges the prisoner with the crime of burglary.
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New Trial — Discretion—Exception, When made. This is a CRIMINAL action, which was tried before Mac-Rae, J., at September Term, 1889, of Pitt Superior Court. The indictment charges the prisoner with the crime of burglary. He was tried upon his plea of not guilty, and the jury rendered a verdict of guilty in the second degree,, as allowed by the statute (Acts of 1889, ch. 434). Whereupon, he “moved for a new trial, upon the ground that there was no evidence upon which” he could be convicted. The motion was denied, and he excepted. The Court gave judgment against him, and he appealed.
1Opinion of the Court
Merrimon, C. J.:
Numerous witnesses were examined on the trial, and the evidence was voluminous. No exceptioa was taken on the trial, or before the verdict, to its competency or sufficiency as evidence to be submitted to the jury, nor was the Court requested to give any special instructions. Not until after the verdict, on the motion for a new trial, was it suggested that there was no evidence that warranted a conviction. The objection seems to have been an afterthought, and it certainly came too late. The Court had received and submitted the evidence, and had certainly in effect, if not…
2Cited by13 opinions
- State v. GarciaNew Mexico Supreme Court · 1914
- State v. . KigerSupreme Court of North Carolina · 1894
- State v. . MerrickSupreme Court of North Carolina · 1916
- Bird v. Bradburn.Supreme Court of North Carolina · 1902
- State v. GastonSupreme Court of North Carolina · 1952
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