State v. . Kimbrough
Supreme Court of North Carolina
From Wake. The record certified in this Court was as follows : “ Be it remembered, that heretofore, to-wit, at a Su- “ perior Court of Law, begun and held for the county of “Wake, at, &e. on the first Monday after the fourth a Monday of September, 1829 : present tiie Honorable il Wieeie P. MaNgum, Judge, W. R. H. Sheriff, and “ returns the venire facias to him directed, endorsed, &c.
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From Wake. The record certified in this Court was as follows : “ Be it remembered, that heretofore, to-wit, at a Su- “ perior Court of Law, begun and held for the county of “Wake, at, &e. on the first Monday after the fourth a Monday of September, 1829 : present tiie Honorable il Wieeie P. MaNgum, Judge, W. R. H. Sheriff, and “ returns the venire facias to him directed, endorsed, &c. Upon balloting, the following persons are drawn to 61 serve as grand jurors, to-wit, William Peace, fore-a man, &c. 4‘ A bill of indictment was preferred before onr said grand jury, against Elijah W. Kimbrough,…
1Opinion of the Court
Henderson, Chief-Justice.
It is contended in the very able argument for the Defendant, that secondary evidence, such as was received in this case, abito’ admissible in civil, is inadmissible in criminal cases, because its admission impugns the principle of the common law, sanctioned by our bill of rights, that no man shall be compelled to give evidence against himself,
We believe that the whole of the argument is built upon mistaken grounds. Secondary evidence, such as was received in this case, is admitted, not because the adverse party, who is shown to lie in the possession of the primary…
2Cases cited2 opinions
- United States v. BrittonU.S. Circuit Court for the District of Massachusetts · 1822
- People v. HolbrookNew York Supreme Court · 1816
3Cited by8 opinions
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Mahoney-Jones Co. v. OsborneSupreme Court of North Carolina · 1925
- Reiger v. WorthSupreme Court of North Carolina · 1900
- State v. . SeabornSupreme Court of North Carolina · 1833
- State v. EleySupreme Court of North Carolina · 1990
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