State v. Brackville
Supreme Court of North Carolina
This was an ikdictmext for murder, tried at Fall Term, 1884, of Rici-ijioND Superior Court, before Shepherd, J. The prisoner (and one Amy McNair, who was acquitted,) was indicted for the murder of one Charles McNair. The testimony was as follows: Willis Leach, for the State, testified: “ Charles McNair was missing on a Friday night in October, 1884. On Friday evening I was going .by his house. I noticed that everything was very still. John Brackville came to the door.
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This was an ikdictmext for murder, tried at Fall Term, 1884, of Rici-ijioND Superior Court, before Shepherd, J. The prisoner (and one Amy McNair, who was acquitted,) was indicted for the murder of one Charles McNair. The testimony was as follows: Willis Leach, for the State, testified: “ Charles McNair was missing on a Friday night in October, 1884. On Friday evening I was going .by his house. I noticed that everything was very still. John Brackville came to the door. McNair was lying at the other door on a pallet. I stopped and sat down. I saw Lou Hall coming; she came in and said, ‘John,…
1Opinion of the Court
Mejriumon, C. J.:
Competent evidence, sufficient in perti-nency and force in some reasonable view of it to be taken by the jury to warrant them in finding a verdict of guilty, must be submitted to them on the trial of the issue of fact ra sed by the plea of not guilty in a criminal action. Such evidence must be produced, else there cannot be a lawful verdict of guilty. It is the province and duty of the Court to determine that such evidence is, or is not, produced on the trial, when any question in that respect is raised. It is the province of the jury to determine when such evidence is so…
2Cases cited7 opinions
- State v. . BowmanSupreme Court of North Carolina · 1879
- State v. Martha Matthews.Supreme Court of North Carolina · 1872
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . PowellSupreme Court of North Carolina · 1886
- State v. . JamesSupreme Court of North Carolina · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. HamiltonSupreme Court of North Carolina · 1965
- State v. Wilcox.Supreme Court of North Carolina · 1903
- State v. FurrSupreme Court of North Carolina · 1977
- State v. LowtherSupreme Court of North Carolina · 1965
- State v. . JonesSupreme Court of North Carolina · 1939
10 more not listed; retrieve them via the Exa API.