Legal Opinion

State v. Costner.

Supreme Court of North Carolina

Decided December 4, 1900PublishedCited by 19 opinions

INDICTMENT against Wade C'ostner, beard bv Judge Frederick Moore and a jury, at August Term, 1900, of Catawba Superior Court. Tbe defendant pleaded “not guilty,” and tbe State introduced tbe following witnesses: Miss Claudia Sluman, who testified: “I live near Catawba, at tbe borne of Miss Sue-Abernetby. Was living there July 6. On tbé nigbt of July 6, between twelve and one o’oloek, I awoke suddenly.

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INDICTMENT against Wade C'ostner, beard bv Judge Frederick Moore and a jury, at August Term, 1900, of Catawba Superior Court. Tbe defendant pleaded “not guilty,” and tbe State introduced tbe following witnesses: Miss Claudia Sluman, who testified: “I live near Catawba, at tbe borne of Miss Sue-Abernetby. Was living there July 6. On tbé nigbt of July 6, between twelve and one o’oloek, I awoke suddenly. Just as I started t'o get out of bed I touched some one on floor by sido of bed whom I supposed to be my aunt. My aunt, my sister and I were in the room. Room was down stairs. I called my aunt,…

1Opinion of the CourtMontgomery, J.

The defendant, whose character was said to be good, by his employer on the trial, was convicted of burglary in the second degree at the August Term, 1900, of the Superior Oourt of Catawba County. The case, as we read it from the evidence, presents some peculiar phases. It appears from the evidence that the defendant was found lying or crouching on the floor, near the side of the bed in which one of the witnesses was sleeping, between 12 and 1 o’clock at night. There were three grown persons sleeping in the same room at the time. The windows were up. It is difficult to believe that the purpose…

2Cases cited4 opinions

  1. State v. . KigerSupreme Court of North Carolina · 1894
  2. State v. . LytleSupreme Court of North Carolina · 1895
  3. State v. . JonesSupreme Court of North Carolina · 1877
  4. State v. . JohnstonSupreme Court of North Carolina · 1883

3Cited by19 opinions

  1. State v. TilleySupreme Court of North Carolina · 1977
  2. State v. . CarlsonSupreme Court of North Carolina · 1916
  3. State v. BrownSupreme Court of North Carolina · 1972
  4. State v. . McLeodSupreme Court of North Carolina · 1930
  5. State v. ChurchSupreme Court of North Carolina · 1949

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