Legal Opinion

State v. . Denton

Supreme Court of North Carolina

Decided March 29, 1911PublishedCited by 5 opinions

Appeal from Qoolc, J., at September Term, 1910, of Wake. Indictment for the illicit sale of spirituous liquor. The defendant was convicted, and from the judgment of the court sentencing him to the roads, appeals to this Court.

1Opinion of the Court

HOKE AND WALKER, JJ., dissenting. The record presents only two assignments of error:

1. After the jury had retired, they returned to the court-room for further instructions. In the absence of the defendant's counsel, and without notice to him, the court delivered instructions to the jury upon a phase of the case concerning which they requested instruction. It is admitted on the argument that this occurred during the (643) regular session of the court, and not during a recess.

Counsel must take notice of the regular sittings of the Superior Courts, the principal nisi prius courts of the State,…

2Cases cited2 opinions

  1. State v. HaleSupreme Court of Iowa · 1894
  2. Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1896

3Cited by5 opinions

  1. State v. . StanleySupreme Court of North Carolina · 1947
  2. State v. . JonesSupreme Court of North Carolina · 1918
  3. State v. CockrellSupreme Court of North Carolina · 1949
  4. Phillips v. StateCourt of Appeals of Georgia · 1911
  5. State v. . JonesSupreme Court of North Carolina · 1918

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