State v. . Dildy
Supreme Court of North Carolina
Indictment for murder, tried before Seymour, J., at Fall Term, 1874, Wilson Superior Court. The defendant, one Simon Dildy, was charged with the murder of Charles Coy. On the trial, Henry Johnston, a witness for the State, testified : That he was one of a party that went out to arrest the prisoner on the day of the homicide.
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Indictment for murder, tried before Seymour, J., at Fall Term, 1874, Wilson Superior Court. The defendant, one Simon Dildy, was charged with the murder of Charles Coy. On the trial, Henry Johnston, a witness for the State, testified : That he was one of a party that went out to arrest the prisoner on the day of the homicide. That he and two others came up with the prisoner about twelve miles from the town of Wilson; that -when these three, (witness and two others,) came up to the prisoner, they had arms in their hands, but did not present them at the prisoner. They did not inform the prisoner…
1Opinion of the CourtReade, J.
We should never ruthlessly invade the sanctuary of the prisoner’s own breast for evidence to convict him. We should enter only, and even then with hesitation, when he voluntarily opens the door and invites us in. Here there is not a voluntary feature in the whole transaction connected with the prisoner’s confession.
(1.) He was trying to escape and was twelve miles away when he was overtaken by three armed men who were in pursuit ; and when asked by them “ what are you doing here ?” he tried to evade by answering, “ Just walking about.”
(2.) He was then asked, What made you kill Charles GroyP”…
2Cited by11 opinions
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. . WhitenerSupreme Court of North Carolina · 1926
- State v. AndersonSupreme Court of North Carolina · 1935
- State v. Horner.Supreme Court of North Carolina · 1905
- Hamlin v. StateCourt of Criminal Appeals of Texas · 1898
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