State v. . Woolard
Supreme Court of North Carolina
INDICTMENT for abandonment tried, before Graham, <•/.,. and a Jury at May Term, 1896, of Beaufort Superior Court. On the trial the defendant testified in ' his own behalf, and his Honor charged the jury that, if they believed the testimony of the defendant, they should return a verdict of guilty, but that they were the judges of the facts and they alone could pass upon the evidence. The defendant was convicted and appealed, assigning as error the charge of his Honor.
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INDICTMENT for abandonment tried, before Graham, <•/.,. and a Jury at May Term, 1896, of Beaufort Superior Court. On the trial the defendant testified in ' his own behalf, and his Honor charged the jury that, if they believed the testimony of the defendant, they should return a verdict of guilty, but that they were the judges of the facts and they alone could pass upon the evidence. The defendant was convicted and appealed, assigning as error the charge of his Honor. In this Court the appellant made other contentions, which aie referred to in the-opinion of Associate Justice ClaRK.
1Opinion of the Court
Clakk, J.:
The charge to the jury that if they believed the defendant’s testimony to find him guilty was fully justified by the evidence, and it was competent for the judge in such case to so instruct the jury. State v. Riley, 113 N. C., 618.
The chief reliance of the appellant, however, is that the Act of 1889, Chapter 504, which placed the jurisdiction of the oifence of abandonment in a justice of the peace, is not repealed by Chapter 83, Laws 1893, because the body •of the latter act only amends “ Chapter 504,” omitting the words, “ Laws of 1889,” but in the title of said Chapter 83, Laws…
2Cases cited1 opinion
- Cram v. . CramSupreme Court of North Carolina · 1895
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