Legal Opinion

State v. Martha Matthews.

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 35 opinions

This was an indictment for murder, tried before Cannon, Judge, at Forsythe Superior Court, Fall Term 1871. The facts of the case are as follows: On Saturday or Sunday, about the 6th day of May, A. D. 1871, an after-birth was found at a mill pond near the prisoner’s residence. The neighbors, believing that a child had been murdered on Monday, drew off the water of the pond in search of its body.

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This was an indictment for murder, tried before Cannon, Judge, at Forsythe Superior Court, Fall Term 1871. The facts of the case are as follows: On Saturday or Sunday, about the 6th day of May, A. D. 1871, an after-birth was found at a mill pond near the prisoner’s residence. The neighbors, believing that a child had been murdered on Monday, drew off the water of the pond in search of its body. While this was going on, the prisoner was brought to the place where the after-birth was found, but then denied any knowledge of it. Nothing being found in the pond, search was made in the woods and…

1Opinion of the CourtDiCK, J.

The rules of evidence as to the admissibility, on a trial lor crime, of the previous confessions of the prisoner, have been much discussed, both in this country and in England, and have given rise to considerable conflict of judicial opinion. It is not necessary for us to enter into this intricate maze of judicial uncertainty as the principles which govern this case are founded in natural justice and upon high authority. The confessions of prisoners are received in evidence upon the natural, as well as legal presumption, that a prisoner will not make an untrue statement, against his own…

2Cited by35 opinions

  1. Bram v. United StatesSupreme Court of the United States · 1897
  2. Batchelor v. StateIndiana Supreme Court · 1920
  3. State v. Wilcox.Supreme Court of North Carolina · 1903
  4. State v. . WhitenerSupreme Court of North Carolina · 1926
  5. State v. . GeeSupreme Court of North Carolina · 1885

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