Legal Opinion

State v. . White

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 33 opinions

INDICTMENT for larceny tried at Spring Term, 1883, of Bertie Superior Court, before Philips, J. The defendant is charged with stealing a hog, the property of some person to the jurors unknown. The substance of the testimony is as follows: One Ketertesti-fied that the defendant lived within a mile and a half of him, and that he knew the defendant’s hogs.

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INDICTMENT for larceny tried at Spring Term, 1883, of Bertie Superior Court, before Philips, J. The defendant is charged with stealing a hog, the property of some person to the jurors unknown. The substance of the testimony is as follows: One Ketertesti-fied that the defendant lived within a mile and a half of him, and that he knew the defendant’s hogs. In February, preceding the trial, defendant asked witness if he had accused defendant of stealing hogs, and one Bailey, who was present, said to defendant: “Haven’t you sold some pork?” “Nót a pound,” replied the defendant.- “Haven’t you sold…

1Opinion of the CourtMerriMON, J.

It is vrcll settled law, that the court must decide what is evidence, and whether there is any evidence to be submitted to the jury, pertinent to an issue submitted to them. It is as well settled, that if there is evidence to be submitted, the jury must determine its weight and effect. This, however, does not imply that the court must submit a scintilla — very slight evi- (lence; on the contrary, it must be such as, in the judgment of the court, would reasonably warrant the jury in finding a verdict upon the issue submitted, affirmatively or negatively, accordingly as they might view it in…

2Cases cited5 opinions

  1. Improvement Company v. MunsonSupreme Court of the United States · 1872
  2. Pleasants v. FantSupreme Court of the United States · 1875
  3. State v. . VinsonSupreme Court of North Carolina · 1869
  4. Wittkowsky v. WassonSupreme Court of North Carolina · 1874
  5. State v. . MasseySupreme Court of North Carolina · 1882

3Cited by33 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. State v. . JohnsonSupreme Court of North Carolina · 1930
  3. Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
  4. State v. . BlackwelderSupreme Court of North Carolina · 1921
  5. State v. . McLeodSupreme Court of North Carolina · 1929

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