State v. . Oxendine
Supreme Court of North Carolina
This was an Indictment for Murder, tried at May Term, 1889, of RobesoN Superior Court-, Gilmer, /., presiding. Only Stephen Jacobs and appellant were on trial. There was a verdict of “guilty,” and from the judgment pronounced thereon the prisoners appealed. Jacobs’ appeal was disposed of at last term (State v. Jacobs, 106 N. C., 695).
1Opinion of the Court
Shepherd, J.:
The prisoner was jointly indicted with Stephen Jacobs, Purdie Jacobs and Make Mitchell for the inurder of one Mrs. Apps, and, upon the arraignment, he and the said Mitchell moved for a severance. The motion was granted as to Mitchell but refused as to the prisoner, who, after requesting that he might be tried with Mitchell, was put upon his trial with Jacobs.
It is well settled that the question of severance is addressed to the wise discretion of the trial Judge (State v. Gooch, 94 N. C., 1006; State v. Smith, 2 Ired., 402; 1 Whart. Cr. Law, 433), and that the exercise of this…
2Cases cited1 opinion
- State v. . PowellSupreme Court of North Carolina · 1890
3Cited by10 opinions
- State v. . HolderSupreme Court of North Carolina · 1910
- State v. FinleySupreme Court of North Carolina · 1896
- Harrison v. Garrett.Supreme Court of North Carolina · 1903
- State v. . FinleySupreme Court of North Carolina · 1896
- State v. . SoutherlandSupreme Court of North Carolina · 1919
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