State v. . Horne
Supreme Court of North Carolina
INDICTMENT for murder, tried at September Term, 1915, of New Hanover, before Rountree, J. The prisoner was convicted of murder in first degree, and from the sentence of death appeals.
1Opinion of the CourtBeown, J.
The prisoner was convicted of the murder of D. L. T. Capps, and sentenced to death. On the trial the court of its own motion called as an expert witness one Dr. Stovall. The witness, after examination, was found by the court to be an expert. The question presented is whether or not a judge is at liberty of his own motion to call expert witnesses who are not desired either by the State or by the defendant.
This is a matter within the sound discretion of the trial judge. He has the right to call to the witness stand and examine any witness who may be able to shed light upon the controversy. He…
2Cases cited5 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- Hill v. CommonwealthSupreme Court of Virginia · 1892
- Powell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1873
- Massey v. YanceySupreme Court of Virginia · 1894
- O'Connor v. . National Ice CompanyNew York Court of Appeals · 1890
3Cited by35 opinions
- State v. ColsonSupreme Court of North Carolina · 1968
- State v. CianfloneSupreme Court of Connecticut · 1923
- Jessner v. StateWisconsin Supreme Court · 1930
- State v. . HartSupreme Court of North Carolina · 1923
- State v. FrazierSupreme Court of North Carolina · 1971
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