Legal Opinion

State v. . Frazier

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 18 opinions

INDICTMENT for larceny of $111 from the prosecutrix, tried before Meares, J., at June Term, 1895, of the Circuit Criminal Court for Mecklenburg County. On the trial it appeared that defendant had given to the prosecutrix $125 about three weeks before the alleged larceny.

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INDICTMENT for larceny of $111 from the prosecutrix, tried before Meares, J., at June Term, 1895, of the Circuit Criminal Court for Mecklenburg County. On the trial it appeared that defendant had given to the prosecutrix $125 about three weeks before the alleged larceny. The prosecutrix was allowed (under objection of defendant) to testify that she had been seduced by the defendant under promise that if she became pregnant he would marry her, and that he subsequently refused to marry'her because he was a married man. There was a verdict of guilty, and defendant appealed from the judgment…

1Opinion of the Court

Montgomery, J.:

This Court, in State v. Jeffries, 117 N.C., 727, said : “ There are some few exceptions to the almost universal rule of law, that evidence of a distinct substantive offence cannot be admitted in support of another offence.” The exceptions to the rule are to be found in those cases in which testimony concerning independent offences has been admitted because of the necessity of proving the quo animo, or the guilty knowledge of the defendant, and also for purposes of identification of the defendant. We do not see how this case can be taken out of the general rule above stated, on…

2Cases cited1 opinion

  1. State v. . JeffriesSupreme Court of North Carolina · 1895

3Cited by18 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. State v. . SmoakSupreme Court of North Carolina · 1938
  3. State v. SmoakSupreme Court of North Carolina · 1938
  4. State v. . DailSupreme Court of North Carolina · 1926
  5. State v. . FerrellSupreme Court of North Carolina · 1934

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