Legal Opinion

State v. Mills

Supreme Court of North Carolina

Decided October 15, 1884PublishedCited by 22 opinions

Indictment for murder tried at Spring Term, 1884, of Halifax Superior Court, before Avery, J. The prisoner was indicted for the killing of one Henry Ponton by shooting him with a pistol on the fifth day of November, 1883. Exception 1, 2, 3, 4. The facts relating to exceptions to jurors are stated in the opinion.

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Indictment for murder tried at Spring Term, 1884, of Halifax Superior Court, before Avery, J. The prisoner was indicted for the killing of one Henry Ponton by shooting him with a pistol on the fifth day of November, 1883. Exception 1, 2, 3, 4. The facts relating to exceptions to jurors are stated in the opinion. Sam Jarrett, a witness for the state, testified that he knew the prisoner, and knew when deceased was shot, and that he saw the prisoner get off the 4 o’clock train at Halifax the evening of the day the homicide was committed. G. H. McDaniel testified for the state that he knew the…

1Opinion of the CourtAshe, J.

We have examined the record, in this case with *593that care which is due to the consideration of the serious crime with which the prisoner is charged. He has filed a great many exceptions, some of which are perfectly frivolous, but to such as are worthy of consideration we proceed to give the conclusions to which- we have been led.

1. The exception to the ruling of the court, that the juror was a free-holder, who had married a woman seized of land, and had children by her born alive, cannot be sustained. The record does not show when the marriage took place, nor does it show whether the juror was…

2Cases cited6 opinions

  1. People v. CookNew York Supreme Court · 1852
  2. Jones v. . JonesSupreme Court of North Carolina · 1879
  3. McKay v. SpeakTexas Supreme Court · 1852
  4. Wilson v. ArentzSupreme Court of North Carolina · 1874
  5. State v. . DavisSupreme Court of North Carolina · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. . BealSupreme Court of North Carolina · 1930
  2. State v. GordonSupreme Court of North Carolina · 1955
  3. State v. BealSupreme Court of North Carolina · 1930
  4. Walker v. . LongSupreme Court of North Carolina · 1891
  5. State v. FinleySupreme Court of North Carolina · 1896

17 more not listed; retrieve them via the Exa API.

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