State v. . Whit
Supreme Court of North Carolina
This was an indictment for bueglaby, tried before Dick, J., at the last Fall Term of Chowan Superior Court. The offense was alleged to have been committed in the smoke-house of Dr. Charles Smallwood, which was within the curtilage of the dwelling-house. Mr. Lewis Thompson, was produced as a witness for the State.
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This was an indictment for bueglaby, tried before Dick, J., at the last Fall Term of Chowan Superior Court. The offense was alleged to have been committed in the smoke-house of Dr. Charles Smallwood, which was within the curtilage of the dwelling-house. Mr. Lewis Thompson, was produced as a witness for the State. He testified that he went early in the morning to the residence of Dr. Smallwood, on the day after the offense was committed; that in the garden which lies adjacent to the smoke-house in question, he found a track of some person who had passed across the garden and through a gate…
1Opinion of the CourtBattle, J.
We have examined the alleged error assigned by the prisoner’s counsel in his bill of exceptions, with that care which the importance of the result to the prisoner demands, without being able to discover in them any thing which can entitle him to another trial. ¥e will notice the exceptions, in the order in which the counsel has argued them.
1st. The first is that, the presiding Judge erred in the remarks which he made to the jury in relation to the testimony of the witness Thompson. The counsel contends that these remarks were in violation of the act of 1796, (see Eev. Code, ch. SI, sec. 130,)…
2Cited by4 opinions
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