State v. . Smallwood
Supreme Court of North Carolina
Indictment, for Murder, tried before Moore, J., at Spring Term, 1876, of Bertie Superior Court. The facts, necessary to an understanding of the case, are stated in the opinion of the Court. There was a verdict of guilty, and judgment thereupon. The prisoner appealed.
1Opinion of the CourtRodman, J.
Several grounds for a new trial are assigned on behalf of the defendant, a few only of which it is raa-teral to pass on.
1. The defendant requested the Judge to instruct the jury that they had the right to disbelieve the testimony of the witness, Clark.
The Judge did not give this instruction, but told the jury that they were bound to believe a witness unless he was im peached, either by the testimony' of another witness, or by some other fact or circumstance in the case.
This instruction can scarcely be distinguished from that which was said to be improper in Nolan w. McCracken, 1 Dev. & Bat.,…
2Cited by18 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Ross v. StateWyoming Supreme Court · 1899
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Selph v. StateSupreme Court of Florida · 1886
- State v. McGaheyNorth Dakota Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.