State v. . Holloway
Supreme Court of North Carolina
INDICTMENT for malicious trespass, tried before Green, J., at Spring Term, 1895, of Oeange Superior Court. The indictment was as follows : “The jurors, for tbe State, upon their oaths present that J. Erank Holloway and Bill Gilbert, late of the county of Orange, on the 1st day of February, A. D. 1895, with force and arms, at and in the county aforesaid, unlawfully and willfully did enter upon the lands of one J. J. Carden? there situated, they, the said J. Frank Holloway and…
Read the full summary
INDICTMENT for malicious trespass, tried before Green, J., at Spring Term, 1895, of Oeange Superior Court. The indictment was as follows : “The jurors, for tbe State, upon their oaths present that J. Erank Holloway and Bill Gilbert, late of the county of Orange, on the 1st day of February, A. D. 1895, with force and arms, at and in the county aforesaid, unlawfully and willfully did enter upon the lands of one J. J. Carden? there situated, they, the said J. Frank Holloway and Bill Gilbert, not being then and there the owner or owners, nor the bona fide claimant or claimants, thereof, and did…
1Opinion of the Court
Faircloth, C. J.:
On the trial, the defendant Holloway was introduced in his own behalf as a witness, and testified. In his charge, his Honor told the jury “they had a right to scrutinize closely the testimony of the defendants, and receive it with grains of allowance, on account of their interest in the event of the action.” To this the defendants excepted as error, and we think the exception is well taken. This charge is capable of misleading the jury into the impression or belief that the evidence of interested parties is to be to some extent discredited, although the jury may think the…
2Cases cited2 opinions
- State v. . ByersSupreme Court of North Carolina · 1888
- State v. . BoonSupreme Court of North Carolina · 1880
3Cited by15 opinions
- State v. . McKinnonSupreme Court of North Carolina · 1943
- State v. McKinnonSupreme Court of North Carolina · 1943
- State v. . HollandSupreme Court of North Carolina · 1939
- State v. . EdwardsSupreme Court of North Carolina · 1937
- State v. . BarnhillSupreme Court of North Carolina · 1923
10 more not listed; retrieve them via the Exa API.