State v. Kirkland
Supreme Court of North Carolina
INdiotmeNt, tried before Shaw, J., at August Term, 1917, of Macon. Tbe defendant Kirkland was convicted of a secret assault with a deadly weapon upon R. L. Barnett, with intent to kill. The defendant Wilson was convicted of conspiring with Kirkland to commit said assault. James Taylor was charged in same bill and was convicted of an attempt to commit the crime of accessory after the fact.
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INdiotmeNt, tried before Shaw, J., at August Term, 1917, of Macon. Tbe defendant Kirkland was convicted of a secret assault with a deadly weapon upon R. L. Barnett, with intent to kill. The defendant Wilson was convicted of conspiring with Kirkland to commit said assault. James Taylor was charged in same bill and was convicted of an attempt to commit the crime of accessory after the fact. Kirkland and Wilson were sentenced to six years in State’s Prison at hard labor and from such judgment appealed to the Supreme Court. As to James Taylor, prayer for judgment was continued until the…
1Opinion of the CourtBkown, J.
The defendants Kirkland and Wilson in apt time moved the court to grant a severance. This motion was denied. It was renewed at close of State’.s evidence and again renewed at close of all the evidence and denied. Defendants duly excepted.
The grounds for such application are that much of the evidence was competent as against one defendant and not competent against the other and that “although the court charged the jury that much of this was not evidence against Kirkland, or not evidence against Wilson, yet it had its weight, with the jury and the defendants seriously insist that the court…
2Cases cited7 opinions
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . HaneySupreme Court of North Carolina · 1837
- State v. . MurphySupreme Court of North Carolina · 1881
- State v. . BriteSupreme Court of North Carolina · 1875
- State v. . DixonSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Lamm v. GardnerSupreme Court of North Carolina · 1959