State v. . Cherry
Supreme Court of North Carolina
Appeal from Ferguson, J., at September Term, 1910, of BERTIE. Tbe case on appeal states tbe facts as follows: “Tbis was an indictment for larceny, tried before bis Honor, Garland, 8. Ferguson, and a jury, at Bertie Superior Court, September Term, 1910. The only point involved in tbis appeal is tbe exception to tbe judgment of tbe court, who sentenced tbe defendants Tilden Cherry and J. M. Ruffin to tbe roads for twelve months in their absence from tbe court.
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Appeal from Ferguson, J., at September Term, 1910, of BERTIE. Tbe case on appeal states tbe facts as follows: “Tbis was an indictment for larceny, tried before bis Honor, Garland, 8. Ferguson, and a jury, at Bertie Superior Court, September Term, 1910. The only point involved in tbis appeal is tbe exception to tbe judgment of tbe court, who sentenced tbe defendants Tilden Cherry and J. M. Ruffin to tbe roads for twelve months in their absence from tbe court. Tbe defendants Cherry and Ruffin were under bond for their appearance at tbe term and attended tbe trial until tbe argument commenced.…
1Opinion of the CourtI-Ioke, J.
It is the law of this State, a principle having-prominent place in our Declaration of Rights, that in every criminal prosecution the defendant has the right to be informed of the accusation against him and to confront his accusers and their witnesses. Applying the principle, this Court has held in several cases that in capital trials this right to be present in the court below cannot be waived, but that the presence of the prisoner is essential at all stages of the trial. In felonies less than capital and in misdemeanors the same right to be present exists, but may be voluntarily waived by…
2Cases cited5 opinions
- State v. . LawrenceSupreme Court of North Carolina · 1879
- State v. . PierceSupreme Court of North Carolina · 1898
- State v. . JenkinsSupreme Court of North Carolina · 1881
- State v. DolanWest Virginia Supreme Court · 1905
- State v. . BlackSupreme Court of North Carolina · 1909
3Cited by18 opinions
- State v. HuffSupreme Court of North Carolina · 1989
- State v. PopeSupreme Court of North Carolina · 1962
- State ex rel. Boner v. BolesWest Virginia Supreme Court · 1964
- State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
- State v. FerebeeSupreme Court of North Carolina · 1966
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