Legal Opinion

State v. Gailor

Supreme Court of North Carolina

Decided June 15, 1874PublishedCited by 5 opinions

INDICTMENT for Arson, tried before His Honor, Judge Bum-ton, at tbe Fall Term, 1873, of Sampson Superior Court. The prisoner was charged in an indictment of six counts with burning an out-house of the prosecutrix, Susan A. Andres, who testified: That she was the widow of Elisha J. Andres, who died in July, 1873, leaving her and four infant children. Her husband also left a daughter, by a former marriage, Hannah, the’ wife of Robert Melvin, all of the children living.

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INDICTMENT for Arson, tried before His Honor, Judge Bum-ton, at tbe Fall Term, 1873, of Sampson Superior Court. The prisoner was charged in an indictment of six counts with burning an out-house of the prosecutrix, Susan A. Andres, who testified: That she was the widow of Elisha J. Andres, who died in July, 1873, leaving her and four infant children. Her husband also left a daughter, by a former marriage, Hannah, the’ wife of Robert Melvin, all of the children living. After the death of her husband she, with her four infant children continued to occupy the premises left by her husband- — the…

1Opinion of the CourtBynum, J.

I. The first exception of the defendant is to the admissibility of the evidence. This objection is untenable because the evidence being wholly circumstantial, it was proper to show the malice of the defendant by his own acts and declarations as a link in the chain fixing him as the guilty party. It was not irrelevant, and if so, could not mislead the jury. State v. Arnold, 13 Ired. 184.

II. The ownership of the out-house not properly charged in the indictment. This is also untenable.

It has been held that even a person who had gone into bankruptcy and made an assignment of his real estate to…

2Cited by5 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. Deming v. . GaineySupreme Court of North Carolina · 1886
  3. State v. LongSupreme Court of North Carolina · 1956
  4. Heard v. StateTennessee Supreme Court · 1906
  5. State v. . BattleSupreme Court of North Carolina · 1900

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