Legal Opinion · Dissent

State v. Harris

Supreme Court of North Carolina

Decided June 3, 1921Published

Appeal by defendant from Long, J., at November Term, 1920, of RUNCOMBE. Tbe prisoner was convicted of the murder in the first degree of F. W. Monnish. The evidence for the State was that on 3 September, 1920, about 10 a. m., the prisoner, J. T. Harris, a merchant of Ridgecrest, "Buncombe County, lay in wait in weeds near a path coming from the cottage of F. W. Monnish to the postoffice at that station and with a shotgun fired two charges into Monnish as he passed by.

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Appeal by defendant from Long, J., at November Term, 1920, of RUNCOMBE. Tbe prisoner was convicted of the murder in the first degree of F. W. Monnish. The evidence for the State was that on 3 September, 1920, about 10 a. m., the prisoner, J. T. Harris, a merchant of Ridgecrest, "Buncombe County, lay in wait in weeds near a path coming from the cottage of F. W. Monnish to the postoffice at that station and with a shotgun fired two charges into Monnish as he passed by. Soon after, about 10:45, a train going to Asheville arrived, Monnish was placed. upon this train and died before arriving at…

1Dissent

Stacy, J.,

dissenting, Hoee, J., concurring, in dissent: The following is the prisoner’s first exception as it appears in the statement of case on appeal:

“After the State had rested and the prisoner was offering testimony, and before the prisoner’s testimony was closed, and whilst the prisoner was examining one of his witnesses, Dr. Bisch, the State requested the *614court to allow it to examine three witnesses out of the usual order, stating that the same was done in good faith and from necessity, and thereupon the State offered H. 0. Caldwell and J. E. Stoffel, of Bristol, Tennessee, who were…

2Cases cited8 opinions

  1. Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
  2. Gilmer v. HigleySupreme Court of the United States · 1884
  3. Chandler v. AllisonMichigan Supreme Court · 1862
  4. State v. . MitchellSupreme Court of North Carolina · 1896
  5. State v. . ThomasSupreme Court of North Carolina · 1870

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