State v. Martin
Supreme Court of North Carolina
INDICTMENT for Murder, tried at the Fall Term, 1873, of New Hanover Superior Court, before bis Honor, Judge ltusseU. The prisoner was indicted with two others for the murder' of Willie Carter.. The facts and the evidence are contained in tiie following statement of the presiding Judge, sent to this Court as part of the record.
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INDICTMENT for Murder, tried at the Fall Term, 1873, of New Hanover Superior Court, before bis Honor, Judge ltusseU. The prisoner was indicted with two others for the murder' of Willie Carter.. The facts and the evidence are contained in tiie following statement of the presiding Judge, sent to this Court as part of the record. TIIE CONFESSIONS OF DAVID MARTIN, MADE TO JESSE J. CASSADY, THE EXAMINING MAGISTRATE. lie says: Between the hours of 1 and 2 o’clock, on Monday last, I and Jimmie Anderson and William Hooper, and Willie Carter, the deceased, started for Smith’s Creek, to go in swimming,…
1Opinion of the Court
B'VNüm, J.
The prisoner, David Martin, with one Jim Anderson and Bill Merrick, was on trial for the murder of one Willie Carter* After the evidence for the State was closed, the counsel of Merrick moved the Court to direct a verdict of not guilty to be entered as to- him, upon the ground that there was no evidence against him to go to the jury. The Court remarked that there was nothing in the State’s case showing the guilt of the prisoner Merrick, except the confessions of his co-defendants, which were not evidence against him. “ Therefore,” said the Judge, “I shall direct an acquittal as to…
2Cited by2 opinions
- State v. BryantSupreme Court of North Carolina · 1953
- State v. . HunterSupreme Court of North Carolina · 1886