Legal Opinion

State v. . Allen

Supreme Court of North Carolina

Decided December 5, 1855PublishedCited by 15 opinions

Indictment for murder, tried before his Honor, Judge Caldwell, at tlie last Fall Term of Granville Superior Court. Tlie prisoner was indicted for tbe murder of one Zachariah Fuller; and on tlie' trial, the following- was tbe testimony introduced oil tbe part of tbe State, and relied on for a conviction, viz-: * One JMkjoocI testified that in July last, at a barbacue and tax-gathering in Granville county, be saw tlie prisoner and tbe deceased meet near bis cart; they shook…

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Indictment for murder, tried before his Honor, Judge Caldwell, at tlie last Fall Term of Granville Superior Court. Tlie prisoner was indicted for tbe murder of one Zachariah Fuller; and on tlie' trial, the following- was tbe testimony introduced oil tbe part of tbe State, and relied on for a conviction, viz-: * One JMkjoocI testified that in July last, at a barbacue and tax-gathering in Granville county, be saw tlie prisoner and tbe deceased meet near bis cart; they shook bands and passed tbe usual civilities, seemingly friendly; tbe deceased held in bis band a small whip, with which be…

1Opinion of the CourtPkarson, J.

“ That no freeman shall he convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open Court as heretofore used.” That in all controversies of law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain “ sacred and inviolable.” Declaration of Rights, Secs. 9. 14. To carry into effect this fundamental principle thus solemnly announced, it is provided by the Act of 1196, Rev. Code, ch. 31. sec. 130: “No Judge, in delivering a charge to the petit jury, shall give an opinion whether a…

2Cited by15 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
  3. Williams v. RailroadSupreme Court of North Carolina · 1906
  4. Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
  5. State v. . GraggSupreme Court of North Carolina · 1898

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