State v. . Jaynes
Supreme Court of North Carolina
INDictment for Burning a Mill removed from Rowan andi tried at Fall Term, 1877, of Davidson Superior Court, before Cox, J. The defendant was indicted as follows: The jurors &c., present that Ransom Jaynes &c., feloniously, unlawfully and maliciously did set fire to and burn one mill &c., the property of John C. Eord and John Lindsay with intent thereby to injure &c.
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INDictment for Burning a Mill removed from Rowan andi tried at Fall Term, 1877, of Davidson Superior Court, before Cox, J. The defendant was indicted as follows: The jurors &c., present that Ransom Jaynes &c., feloniously, unlawfully and maliciously did set fire to and burn one mill &c., the property of John C. Eord and John Lindsay with intent thereby to injure &c. (See Laws 1874-5, ch. 228.) There was no evidence of express malice but there was evidence tending to show that the defendant, who was in the employment of the prosecutor as a miller, had been stealing grain and flour from the…
1Opinion of the CourtBynum, J.
1. There was no evidence that the prisoner •burned or caused the mill to be burned with the intent to prevent the detection of his alleged embezzlement or theft. His Honor then might well have refused to give the instructions asked upon this point. But he did give instructions upon the hypothesis that such evidence had been offered, and though they ought to have been refused, we •think they were substantially correct as given.
2. The Court charged the jury that it was “ essential to the successful proof of an alibi that it should cover the whole time of the transaction in question, and when it…
2Cases cited1 opinion
- State v. . R. P. RosemanSupreme Court of North Carolina · 1872
3Cited by28 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- State v. TaylorSupreme Court of Missouri · 1893
- State v. HuntSupreme Court of North Carolina · 1973
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1911
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