State v. . Drake
Supreme Court of North Carolina
INDICTMENT for Burglary tried at Fall Term, 1879, of McDowell Superior Court, before Schenclc, J. The prisoner was serving out a term of imprisonment at hard labor imposed upon his previous conviction for a criminal offence, and had been sent with other convicts to work on the Western North Carolina railroad. He escaped from the stockade in which the convicts were kept at night, and committed the alleged burglary.
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INDICTMENT for Burglary tried at Fall Term, 1879, of McDowell Superior Court, before Schenclc, J. The prisoner was serving out a term of imprisonment at hard labor imposed upon his previous conviction for a criminal offence, and had been sent with other convicts to work on the Western North Carolina railroad. He escaped from the stockade in which the convicts were kept at night, and committed the alleged burglary. Judgment was pronounced upon a verdict of guilty and the prisoner appealed.
1Opinion of the CourtAshe, J.
There were several exceptions taken to the ruling" of His Honor in the course of the trial, only one of which is necessary to be considered in the view we take of the case. It was in evidence that the dwelling house of D. A. C. Salsbury} near Old Port, had been broken open on the night of the fifteenth of June, 1879, and robbed. On the trial it was proposed by the state to prove the confessions of the prisoner, which was objected to by the prisoner’s counsel. In order to determine the admissibility of the evidence the jury were required to retire while the court'heard the evidence touching…
2Cases cited3 opinions
- State v. WhitfieldSupreme Court of North Carolina · 1874
- State v. . LindseySupreme Court of North Carolina · 1878
- State v. . DildySupreme Court of North Carolina · 1875
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