Legal Opinion

State v. . Moses

Supreme Court of North Carolina

Decided June 5, 1830PublishedCited by 35 opinions

From Craven, The prisoner was indicted in the Superior Court of Jones as follows: “ The jurors for the State upon their oath present, that Moses, a slave, &c. not having the fear, &c. but being moved and seduced, &c. on, &c. at, &c. with force and arms, at, &c. in and upon one Gabriel, a slave, &c. in the peace, Etc. feloniously, wilfully, and of his malice aforethought, did make an assault, and that he the said Moses, with a certain gun of the value, Etc. then and there…

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From Craven, The prisoner was indicted in the Superior Court of Jones as follows: “ The jurors for the State upon their oath present, that Moses, a slave, &c. not having the fear, &c. but being moved and seduced, &c. on, &c. at, &c. with force and arms, at, &c. in and upon one Gabriel, a slave, &c. in the peace, Etc. feloniously, wilfully, and of his malice aforethought, did make an assault, and that he the said Moses, with a certain gun of the value, Etc. then and there charged and loaded with, Etc. which gun the said Moses in both his hands, &c. to, against and upon the said Gabriel, then…

1Opinion of the Court

Ruffin, Judge.

The act of 1796, {Rev. c. 452,) “ to direct the conduct of Judges in charges to the,petit jury,” restrains the Judge from giving an opinion, whether a fact is fully or sufficiently proved. At the same time, it imposes another duty j which is, to state, in a full and explicit manner, the facts given in evidence, and declare and explain the law arising thereon. .

Perhaps the Judge, presiding at the trial, woll find no part of his task more difficult than that in determining,may fulfill that part of is daily which is active, that injunction of whis is

ijlne xo du-clause must ■e.-pa*…

2Cited by35 opinions

  1. State v. HuntSupreme Court of North Carolina · 2003
  2. State v. HammondsSupreme Court of North Carolina · 1954
  3. Andrews v. StateSupreme Court of Alabama · 1909
  4. State v. . HowleySupreme Court of North Carolina · 1941
  5. State v. . ColeSupreme Court of North Carolina · 1932

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