Legal Opinion

State v. . Williams

Supreme Court of North Carolina

Decided June 5, 1855PublishedCited by 3 opinions

INDICTMENT for PETTY LARCENY and foi: TRADING WITH SLAVES, tried at the Spring Term, 1855, of Rockingham Superior Court.

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INDICTMENT for PETTY LARCENY and foi: TRADING WITH SLAVES, tried at the Spring Term, 1855, of Rockingham Superior Court. The State introduced, as a witn'ess, Col. 3. B. Watt, who testified that, on returning home from a journey on Monday evening, he learned that tobacco had been taken out of one of his barns: he went early next morning and discovered that a considerable quantity had been taken ; there having been a considerable rain on Sunday night, he plainly saw the tracks of two persons which he followed to' the plantation of his neighbor, J. W. Neal; he thence, in company with Mr. Neal,…

1Opinion of the Court

Bíttls, J.

The defendant, in his bill of exceptions, presents two objections to the proceedings on his trial, either or both of which, he contends, entitle him to have the verdict set aside and a venire de novo awarded. The first is, that the presiding Judge submitted to the jury the question of his guilt on the count for petit larceny, without any testimony to sustain it; and secondly, that the Judge expressed his opinion upon a fact in the cause, contrary to the inhibition of the statute upon that subject.

We are clearly of opinion that , neither objection is- sustainable.

It is very certain…

2Cited by3 opinions

  1. Jones v. StateSupreme Court of Georgia · 1908
  2. State v. McKnightSupreme Court of Iowa · 1903
  3. State v. . JohnsonSupreme Court of North Carolina · 1864

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