State v. . Jackson
Supreme Court of North Carolina
INDICTMENT for perjury, tried before W. J. Adams, J., and a jury, at January Term, 1909, of Cumberland. There was evidence tending to show that an election bad been held in Rackfish Township, in said county, on the question of graded schools for District No. 5%, and that one Thomas Seals had been arrested and tried for unlawfully disturbing said election and stealing a ballot from the ballot box being used in the same; that the present defendant swore out the warrant against…
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INDICTMENT for perjury, tried before W. J. Adams, J., and a jury, at January Term, 1909, of Cumberland. There was evidence tending to show that an election bad been held in Rackfish Township, in said county, on the question of graded schools for District No. 5%, and that one Thomas Seals had been arrested and tried for unlawfully disturbing said election and stealing a ballot from the ballot box being used in the same; that the present defendant swore out the warrant against Seals and testified against him in the hearing before the justice that he saw said Seals steal a ballot from the box,…
1Opinion of the Court
Hoke, J.,
after stating the case: The silence of a party, in the presence and bearing of statements relevant to a matter 'undergoing investigation, may, under given circumstances, be received in evidence against him byway of admission or acquiescence. Although the statements, under the circumstances indicated, are necessarily to be beard, it is the silence of the party and the inferences fairly deducible from tbat fact which constitutes the evidence; and while tbis silence may at times have strong probative force, it is a-fact so liable to misinterpretation and abuse tbat the authorities…
2Cases cited10 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- State v. . SuggsSupreme Court of North Carolina · 1883
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Guy v. . ManuelSupreme Court of North Carolina · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. . HawkinsSupreme Court of North Carolina · 1938
- Stephen S. Kelley v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- State v. HawkinsSupreme Court of North Carolina · 1938
- State v. HendrickSupreme Court of North Carolina · 1950
- State v. . RileySupreme Court of North Carolina · 1924
15 more not listed; retrieve them via the Exa API.