State v. . Phifer
Supreme Court of North Carolina
INDICTMENT for burning a warehouse tried at Spring Term, 1884, of MeciclENBURG Superior Court, before MacRa.e, J. This prosecution was commenced in the inferior court of Meck-lenburg county, and the defendant is charged with burning a warehouse, the property of Springs & Burwell, in violation of The Code, §985, sub-div. 6. . The defendant was convicted, and from the judgment pronounced appealed to the superior court, ■and the only exception there relied upon was that which…
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INDICTMENT for burning a warehouse tried at Spring Term, 1884, of MeciclENBURG Superior Court, before MacRa.e, J. This prosecution was commenced in the inferior court of Meck-lenburg county, and the defendant is charged with burning a warehouse, the property of Springs & Burwell, in violation of The Code, §985, sub-div. 6. . The defendant was convicted, and from the judgment pronounced appealed to the superior court, ■and the only exception there relied upon was that which was taken to the charge to the jury in the inferior court. On the trial in the inferior court, the defendant asked this ■…
1Opinion of the CourtAsi-ie, J.
When the case was brought to a hearing in the superior court, His Honor held that “while the statute was intended to reach certain cases which were deemed not to be sufficiently provided for by law, it was not meant to repeal the old established rule of law raising a presumption that one intends the necessary consequences of his own act, and if the jury find that the defendant wilfully burned the warehouse, there is a ¡ire-sumption both of law and fact that it was with the intent to injure the owners, and it was proper the court should so instruct the jury.”
But the inferior court did not so…
2Cases cited2 opinions
- State v. . JaynesSupreme Court of North Carolina · 1878
- State v. . BlueSupreme Court of North Carolina · 1881
3Cited by8 opinions
- State v. BooneSupreme Court of North Carolina · 1984
- State v. . DavisSupreme Court of North Carolina · 1939
- State v. McDonald.Supreme Court of North Carolina · 1903
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- State v. ElliottSupreme Court of North Carolina · 1950
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