Legal Opinion

State v. . Lewis

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 18 opinions

Assignment of Error — Privilege of Counsel — Perjury—Evidence— Variance. This was an indictment for perjury, tried- before Gndger, Judge, and a jury, at Spring Term, 1885, of SAMPSON Superior Court.

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Assignment of Error — Privilege of Counsel — Perjury—Evidence— Variance. This was an indictment for perjury, tried- before Gndger, Judge, and a jury, at Spring Term, 1885, of SAMPSON Superior Court. The false oatli assigned as perjury, was alleged in the indictment to have been taken on the 14th day of February, A. D., 1884, at an Inferior Court then and there held for the county of Sampson, before J. L. Stewart, J. G. Huggins and A. J. Johnson, justices of said Court, there and holding the same, in a certain criminal action for an assault and battery in said Court depending and tried,…

1Opinion of the Court

Ashe, J.,

(after stating the facts). The defendant can take-no advantage from his exception taken to the alleged abuse of privilege in the remarks made by the Solicitor in his argument made before the jury. For assuming them to be improper, there is no error to be imputed to the Judge in not stopping the Solicitor, unless they were objected to, or the attention of the Judge called to them at the time. This does not appear to have been done in this case, and the objection was lost. State v. Suggs, 89 N. C., 557. Although there was no exception taken to the charge of the Court at the time, the…

2Cited by18 opinions

  1. State v. . SteeleSupreme Court of North Carolina · 1925
  2. S. v. . WilkersonSupreme Court of North Carolina · 1913
  3. State v. . HarbertSupreme Court of North Carolina · 1923
  4. State v. WilkersonSupreme Court of North Carolina · 1913
  5. State v. SteeleSupreme Court of North Carolina · 1925

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