State v. . Burke
Supreme Court of North Carolina
Indictment for an Assault and Battery, tried at July Special Term, 1879, of Randolph Superior Court, before Avery, J. The defendants, Marion Burke and Patsey Burke (his mother) were charged with an assault upon one Ed. P. Smith. From the judgment pronounced upon the verdict of guilty, they appealed to this court. The exceptions taken on the trial are sufficiently set out in the opinion.
1Opinion of the CourtAshe, J.
There were several witnesses examined on the part of the state and the defendants. Ed. Smith, a witness examined on the part of the state, was asked by defendants’ counsel, if he knew that his brothers had been indicted for the same offence as that for which the defendants were then indicted. Upon objection the evidence was excluded by His Honor because it was irrelevant. Their counsel then proposed to introduce the record of the indictment, trial and conviction of the brothers of the witness, but His Honor •refused to admit the evidence upon the ground of its irrelevancy; and the ruling of…
2Cited by5 opinions
- State v. . RileySupreme Court of North Carolina · 1893
- State v. . VinesSupreme Court of North Carolina · 1885
- State v. MurphreySupreme Court of North Carolina · 1923
- State v. . MurpherySupreme Court of North Carolina · 1923
- State v. . DixonSupreme Court of North Carolina · 1889