State v. . Ferguson
Supreme Court of North Carolina
This is an Indictment for Seduction, under promise of marriage, tried before Meares, J., at the August Term, 1889, of MeckleNBURG Criminal Court. There was a verdict of “guilty,” and an appeal by the defendant, and it is necessary to an intelligent understanding of the questions presented by his appeal to state, at some length, the testimony and charge of the Judge below.
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This is an Indictment for Seduction, under promise of marriage, tried before Meares, J., at the August Term, 1889, of MeckleNBURG Criminal Court. There was a verdict of “guilty,” and an appeal by the defendant, and it is necessary to an intelligent understanding of the questions presented by his appeal to state, at some length, the testimony and charge of the Judge below. Rosa Hargett, the prosecutrix, testified as follows: “The defendant first came to our house, with Jim Trull, in May. I became engaged to him in July, at Bradley’s, and I saw him in September and October. Some time during the…
1Opinion of the CourtDavis, J.
after stating the facts:
1. The first exception is to the exclusion of the evidence of the contents of the note.
There are numerous exceptions to the general rule which requires the production of a written instrument as the best and usually only evidence of its contents. Does the note in question fall within any of the exceptions? The note contained no agreement required to be in writing, its contents were purely collateral to the issue, and, as was said by the present Chief Justice, in the case of State v. Oredle, 91 N. C., 648: “It was, not intended to he preserved, but to serve a temporary…
2Cases cited9 opinions
- People v. ClarkMichigan Supreme Court · 1876
- Armstrong v. . PeopleNew York Court of Appeals · 1877
- State v. . HortonSupreme Court of North Carolina · 1888
- State v. . WilkersonSupreme Court of North Carolina · 1887
- State v. . CredleSupreme Court of North Carolina · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. PorthSupreme Court of North Carolina · 1967
- State v. Whitley.Supreme Court of North Carolina · 1906
- State v. . RaynorSupreme Court of North Carolina · 1907
- State v. Ring.Supreme Court of North Carolina · 1906
- Hardin v. . DavisSupreme Court of North Carolina · 1922
13 more not listed; retrieve them via the Exa API.