State v. Wentz
Supreme Court of North Carolina
INDICTMENT tried before Adams, J., and a jury, at July Term, 1918, of Union. The prisoner was indicted for the murder of William Wentz, and convicted of murder in the second degree. When the case was called in this Court, counsel of the prisoner very frankly withdrew all assignments of error, as untenable, except three, which were reserved, as follows: “1. The first of these is, that the court charged the jury as follows: 'The prisoner has testified in his own .behalf.
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INDICTMENT tried before Adams, J., and a jury, at July Term, 1918, of Union. The prisoner was indicted for the murder of William Wentz, and convicted of murder in the second degree. When the case was called in this Court, counsel of the prisoner very frankly withdrew all assignments of error, as untenable, except three, which were reserved, as follows: “1. The first of these is, that the court charged the jury as follows: 'The prisoner has testified in his own .behalf. You are to scrutinize his evidence — that is, examine it closely and carefully to ascertain whether you shall believe it. The…
1Opinion of the Court
WalkeR, J.,
after stating the case: We must commend the learned counsel who defended the prisoner for their, very praiseworthy attitude in the discussion of this case. There were numerous exceptions, but from these were culled such as were of apparent merit, and others having no substantial foundation were discarded, and the argument was properly based upon the really material questions and thus stripped of all redundant matter. All exceptions taken during the hurry of a trial, when no sufficient opportunity is given for adequate reflection, should be afterwards weighed carefully, and those…
2Cases cited7 opinions
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- State v. . BaldwinSupreme Court of North Carolina · 1911
- State v. . PollardSupreme Court of North Carolina · 1914
- State v. . HarrellSupreme Court of North Carolina · 1890
- State v. . AtwoodSupreme Court of North Carolina · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. BrittSupreme Court of North Carolina · 1975
- State v. SheffieldSupreme Court of North Carolina · 1959
- State v. . CobleSupreme Court of North Carolina · 1919