State v. Gooch
Supreme Court of North Carolina
INDICTMENT for murder, tried before Ciarle, Judge, and a jury, at September Criminal Term, 1885, of the Superior Court of Wake county.
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INDICTMENT for murder, tried before Ciarle, Judge, and a jury, at September Criminal Term, 1885, of the Superior Court of Wake county. After the arraignment, the prisoners severally moved for a severance of the trial, upon the ground that the evidence to be offered by the State, which might be competent against the one, would not be against the other, and that the defence of the one, would be antagonistic to that of the other; and that each'would insist that the other did the killing. The motion was denied by the Court, and both the defendants excepted. By consent, a special venire of two…
1Opinion of the Court
Ashe, J.,
(after stating the facts). Prior to the argument in the case, the counsel of the prisoners moved the Court for a new trial, upon the ground of newly-discovered testimony. The motion is disallowed, for the reason this Court does not-entertain such a motion. It was so expressly held at this term of the Court, in the case of State v. Starnes, upon a similar motion.
The prisoners are charged with the murder of John A. Cheat-ham, in the city of Raleigh, on the night of the 10th of June, 1885. After arraignment, each of the prisoners moved for a severance of the trial. The motion was denied…
2Cases cited5 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. . ChavisSupreme Court of North Carolina · 1879
- State v. . MazonSupreme Court of North Carolina · 1884
3Cited by14 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- People v. DurrantCalifornia Supreme Court · 1897
- State v. BarnesSupreme Court of North Carolina · 1997
- State v. SmallSupreme Court of North Carolina · 1980
- State v. . BannerSupreme Court of North Carolina · 1908
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