Legal Opinion · Dissent

State v. Hodge

Supreme Court of North Carolina

Decided December 18, 1906Published

INUictmeNt for murder against John H. Hodge, heard by Judge C. S. Ferguson and a jury, at the May Term, 1906, of the Superior Court of Durham. Erom a verdict of guilty of murder in the first degree, and sentence thereon, the prisoner appealed.

1DissentOoNNOR, J.

The testimony, as arrayed in the opinion of the Chief Justice, presents a case in which the enormity of the crime and the manifest guilt of the prisoner are well calculated to cause a Judge to hesitate to dissent from the judgment which brings merited punishment to the criminal. It is due to the learned and impartial Judge who tried the case, and I do not hesitate to say that he wisely exercised his discretion in declining to permit the witness *686Riggsbee to be sworn, provided it was a matter of discretion and not of absolute right.

I am impressed with the conviction that the conclusion to which…

2Cases cited12 opinions

  1. Holder v. United StatesSupreme Court of the United States · 1893
  2. Jackson v. StateIndiana Supreme Court · 1860
  3. Taylor v. StateIndiana Supreme Court · 1891
  4. Parker v. StateCourt of Appeals of Maryland · 1887
  5. State v. . DanielsSupreme Court of North Carolina · 1904

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