State v. Graham
Supreme Court of North Carolina
Indictment for Murder, tried before Mitchell, J., at the' Fall Term, 1872, of the Superior Court of Wilkes county.. The defendant, with one Baldy Gaither was indicted at. the Fall Term, 1872, of Iredell Superior Court, for the murder of one Margaret Seamon. They severed in their trials,, and on proper affidavits the cases of both were removed to. Wilkes county.
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Indictment for Murder, tried before Mitchell, J., at the' Fall Term, 1872, of the Superior Court of Wilkes county.. The defendant, with one Baldy Gaither was indicted at. the Fall Term, 1872, of Iredell Superior Court, for the murder of one Margaret Seamon. They severed in their trials,, and on proper affidavits the cases of both were removed to. Wilkes county. Upon the trial of the defendant, who was first tried, the following facts appeared in the evidence offered by the State: The deceased and her mother lived on or near to a public road leading from Statesville, by one Dr. Angel’s, their…
1Opinion of the CourtSettle, J.
We have examined the record with the care which the importance of the case demands, and find no error which entitlés the prisoner to a venire de novo.
The chief ground assigned for error in this Court is found in the response of his Honor to a prayer for instructions; in which he states, that he refused to instruct the jury that they ought not to convict on a simple confession, for the reason that if they believed in the truth of the confession, it was their duty to convict; and secondly, because in this case there was much corroborating testimony, and the proposition was a mere abstraction.
*251We…
Also in this document: Per curiam.
2Cited by2 opinions
- State v. CopeSupreme Court of North Carolina · 1954
- State v. . HardeeSupreme Court of North Carolina · 1880