Legal Opinion

State v. Robertson

Supreme Court of North Carolina

Decided May 6, 1914PublishedCited by 8 opinions

Appeal by defendant from Webb, J., at September Term, 1913, of Polk. Tbe prisondrs were indicted in the court below for the murder of Milton Patterson. The evidence tends to show that Grover Wilkerson, Milton Patterson (the deceased), Dean Bolán, and Will Harris went to the house of Jim Foster, where the homicide occurred, and there found Mrs.-Minnie Foster and Andrew Eobertson and Cephas Foster (the prisoners), Tom Israel, and Fairy Foster.

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Appeal by defendant from Webb, J., at September Term, 1913, of Polk. Tbe prisondrs were indicted in the court below for the murder of Milton Patterson. The evidence tends to show that Grover Wilkerson, Milton Patterson (the deceased), Dean Bolán, and Will Harris went to the house of Jim Foster, where the homicide occurred, and there found Mrs.-Minnie Foster and Andrew Eobertson and Cephas Foster (the prisoners), Tom Israel, and Fairy Foster. The following extract from the testimony of the State’s witness, Grover Wilkerson, will be sufficient for an understanding of the assignments of error:…

1Opinion of the Court

Walker, J.,

after stating tbe case: The prisoners introduced as a witness Mrs. Minnie Foster, who gave material testimony in their behalf. The State, for the purpose of impeaching her, handed her a letter. The case states: “This letter was lost by the prosecutors during the trial, and could not be produced. The letter in substance was very affectionate and very solicitous that "Will Harris should visit Mrs. Foster at times when Foster, her husband, was absent, and was sufficient to indicate that the writer was seeking amorous and illicit intercourse with Harris. Counsel read the letter at…

2Cases cited28 opinions

  1. State v. Exum.Supreme Court of North Carolina · 1905
  2. State v. . BrittainSupreme Court of North Carolina · 1883
  3. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  4. Simmons v. Davenport.Supreme Court of North Carolina · 1906
  5. State v. . PattersonSupreme Court of North Carolina · 1842

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3Cited by8 opinions

  1. State v. WestbrookSupreme Court of North Carolina · 1971
  2. State v. FaustSupreme Court of North Carolina · 1961
  3. Mullendore v. StateTennessee Supreme Court · 1945
  4. Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925
  5. Riverview Milling Co. v. State Highway CommissionSupreme Court of North Carolina · 1925

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