Legal Opinion

State v. . Martin

Supreme Court of North Carolina

Decided November 9, 1921PublishedCited by 25 opinions

Appeal from Long, J., at July Term, 1921, of Forsyth. Tbe defendant was prosecuted for a breach of sections 4226 and 4227 of the Consolidated Statutes, upon the following bill of indictment: “The jurors for the State upon their oath present:. That Robert L. Martin, late of the county of Forsyth, on 28 June, in the year of our Lord one thousand nine hundred and twenty-one, with force and arms, at and in the county aforesaid, unlawfully and willfully and feloniously, did…

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Appeal from Long, J., at July Term, 1921, of Forsyth. Tbe defendant was prosecuted for a breach of sections 4226 and 4227 of the Consolidated Statutes, upon the following bill of indictment: “The jurors for the State upon their oath present:. That Robert L. Martin, late of the county of Forsyth, on 28 June, in the year of our Lord one thousand nine hundred and twenty-one, with force and arms, at and in the county aforesaid, unlawfully and willfully and feloniously, did administer to Rosa Yow, a woman pregnant and quick with child, and did prescribe for said Rosa Yow and advised and procured…

1Opinion of the CourtAdams, J.

Tbe defendant’s motion to dismiss tbe action was based on tbe conception tbat tbe evidence taken as a whole was not sufficient to sustain a conviction; but in deciding tbis motion we need consider only sucb evidence as was favorable to tbe State, without special regard to tbat on which tbe defendant relied. Tbe immediate question is whether tbe evidence, when given a liberal yet reasonable construction, bad legal sufficiency to convict. If it was sufficient to support tbe charge in'either count it was not permissible to withdraw it from tbe jury. Considering tbe evidence as correctly…

2Cases cited6 opinions

  1. State v. . BowmanSupreme Court of North Carolina · 1879
  2. State v. . BridgersSupreme Court of North Carolina · 1916
  3. State v. . RandallSupreme Court of North Carolina · 1915
  4. Fuller v. Knights of Pythias.Supreme Court of North Carolina · 1901
  5. State v. . CrockettSupreme Court of North Carolina · 1880

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

3Cited by25 opinions

  1. State v. FullwoodSupreme Court of North Carolina · 1988
  2. Cates v. WilsonSupreme Court of North Carolina · 1987
  3. Capps v. LynchSupreme Court of North Carolina · 1960
  4. State v. SmithSupreme Court of North Carolina · 1998
  5. State v. . CarlsonSupreme Court of North Carolina · 1916

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

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