State v. . Dixon
Supreme Court of North Carolina
Fornication and Adultery — Evidence—Trial by Jury — Judge’s Charge. This was an indictment charging the defendant and Margaret Robbins with living in fornication and adultery, tried at Beaufort Superior Court, Spring Term, 1889, before Boykin, J, the defendant Dixon alone being on trial.
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Fornication and Adultery — Evidence—Trial by Jury — Judge’s Charge. This was an indictment charging the defendant and Margaret Robbins with living in fornication and adultery, tried at Beaufort Superior Court, Spring Term, 1889, before Boykin, J, the defendant Dixon alone being on trial. Dr. Nicholson testified that he had attended the female defendant in her sickness three times; that the defendant Dixon employed and paid him for his services; that the first time he attended her Dixon stated, when he went after him, that the woman was kin to him, but never stated what the relation was and…
1Opinion of the CourtAvery, J.
— after stating the case: This is not a case in which the Judge could, without peril to the rights of the defendant, tell the jury that if they believed the testimony he was guilty.
It often happens that though a number of persons may have witnessed a breach of the peace at successive stages, ■or from different standpoints, every one, when examined, testifies to a state of facts sufficient, if believed, to establish the guilt of one charged with an assault or an affray. In ■such cases, it is not erroneous to instruct the jury that if they believe the witnesses, or any of them — in any aspect…
2Cases cited6 opinions
- State v. . VinesSupreme Court of North Carolina · 1885
- State v. . EliasonSupreme Court of North Carolina · 1884
- State v. . WallerSupreme Court of North Carolina · 1879
- State v. . ElwoodSupreme Court of North Carolina · 1875
- State v. . SummersSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. . TelfairSupreme Court of North Carolina · 1891
- State v. . PoteetSupreme Court of North Carolina · 1847