State v. . Miller
Supreme Court of North Carolina
The prisoner was tried before Settee, Judge, on the last Circuit, at Wake, for the murder of John Whitaker. On the trial, the witnesses for the prosecution swore, that the prisoner came, about nine o’clock, a. m. with a stick, to a house where the deceased was sitting, and there a fight took place between the prisoner and the deceased, in which the prisoner fell, with the deceased upon him — that immediately afterwards the son of the prisoner came up, when a separation took…
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The prisoner was tried before Settee, Judge, on the last Circuit, at Wake, for the murder of John Whitaker. On the trial, the witnesses for the prosecution swore, that the prisoner came, about nine o’clock, a. m. with a stick, to a house where the deceased was sitting, and there a fight took place between the prisoner and the deceased, in which the prisoner fell, with the deceased upon him — that immediately afterwards the son of the prisoner came up, when a separation took place, and the deceased retired, but was pursued by the prisoner and his son, and the mortal blow given. Upon the…
1DissentGaston, Judge
dissented, and delivered the following opinion:—
I concur with the other members of the Court in the opinion, that the error assigned in this case, for that the presiding Judge, expressed or intimated an opinion to the jury upon the facts, is not sustained. The reasons stated by my brother Ruffin for overruling this objection, are so entirely satisfactory, that I have no wish to add a word to them. I am also of opinion, that the irregularities of the trial, urged as a reason for setting aside the verdict and granting a new trial, were addressed to the discretion of the presiding Judge, and…
2Cases cited4 opinions
- People v. M'KayNew York Supreme Court · 1820
- Hackley v. HastieNew York Supreme Court · 1808
- Lester v. StanleyU.S. Circuit Court for the District of Connecticut · 1808
- Gale v. BarnesNew York Supreme Court · 1823