State v. . Lee
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at September Term, 1913, of Bertie. The defendant was convicted of highway robbery. He is a one-armed negro boy 19 years of age.
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Appeal by defendant from Peebles, J., at September Term, 1913, of Bertie. The defendant was convicted of highway robbery. He is a one-armed negro boy 19 years of age. Frank Gilliam, the prosecutor, also colored, testified that he was II years of age; that he never had any fuss with the defendant; that in June previous he was going along the public road to preaching at the schoolhouse; that when he passed James Bazemore’s gate he saw William Taylor at the gate; that this was about 8 o’clock at night; that he passed Taylor without speaking and went about 60 yards farther along the public road,…
1Opinion of the CourtGlare, C. J.
The evidence for the State was in many aspects very improbable, and the defendant’s counsel was justified in arguing to the jury that they should infer that the prosecution was based upon some bad motive. Considering that both the prosecuting witness and the defendant were young, and that the latter was engaged to Bettie Gilliam, counsel might reasonably argue that jealousy was the motive, and contend that the jury should draw that inference. The presiding judge was within his province when he told the jury that there was no evidence to that effect. But he erred when he told the jury that…
2Cases cited1 opinion
- State v. Rippy.Supreme Court of North Carolina · 1900
3Cited by9 opinions
- State v. LynchSupreme Court of North Carolina · 1971
- State v. . TuckerSupreme Court of North Carolina · 1925
- State v. . HowleySupreme Court of North Carolina · 1941
- State v. . HardySupreme Court of North Carolina · 1925
- State v. HowleySupreme Court of North Carolina · 1941
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