State v. . Carmon
Supreme Court of North Carolina
CRIMINAL action, tried before Moore, J„ and a jury, at May Term, 1907, of tbe Superior Court of Rowan County. The defendant was indicted for a secret assault and was convicted of an assault and battery. The testimony was as follows: George Kluttz testified: “The defendant is a negro. I live in East Spencer, with my father, and he and I are engaged in running a store and meat market. On 27 April, 1907, about 10:30 P. M., I was shot in the leg.
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CRIMINAL action, tried before Moore, J„ and a jury, at May Term, 1907, of tbe Superior Court of Rowan County. The defendant was indicted for a secret assault and was convicted of an assault and battery. The testimony was as follows: George Kluttz testified: “The defendant is a negro. I live in East Spencer, with my father, and he and I are engaged in running a store and meat market. On 27 April, 1907, about 10:30 P. M., I was shot in the leg. At the time I was shot I was sitting on the counter in the store, about four or five feet from the door. It was a dark night, except a little light…
1Opinion of the CourtWalker, J.
The jury might well have acquitted the defendant upon the testimony in this case, but we are unable to declare that there is no evidence of his guilt. We admit that some of the testimony was not of a very satisfactory character and might be denominated as slight, but the evidence, taken as a whole, was sufficient for the consideration of the jury, and we are not permitted to interfere and set aside the verdict in such a case. Indeed, we are expressly forbidden by a provision of the Constitution of many years’ standing, and a most wise and wholesome one, from doing so. This is a court for the…
2Cases cited5 opinions
- State v. Adams.Supreme Court of North Carolina · 1905
- State v. . LytleSupreme Court of North Carolina · 1895
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- State v. Costner.Supreme Court of North Carolina · 1900
- State v. . TelfairSupreme Court of North Carolina · 1891
3Cited by17 opinions
- State v. . StricklandSupreme Court of North Carolina · 1948
- State v. StricklandSupreme Court of North Carolina · 1948
- State v. . CarlsonSupreme Court of North Carolina · 1916
- State v. BrownSupreme Court of North Carolina · 1972
- State v. . McLeodSupreme Court of North Carolina · 1930
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