State v. . Jones
Supreme Court of North Carolina
IndiotmeNT for Assault and Battery, tried at Spring Term? 1877, of Mecklenburg Superior Court, before Cloud, J. The prosecutor, Smith, testified that he was a witness in a trial of an action before a J ustice of the Peace, wherein the present defendant was plaintiff and one Johnston was defendant, and that just after the decision of the Justice was given, this defendant struck Johnston and in a few minutes thereafter drew a pistol, and said to witness, “ You are the…
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IndiotmeNT for Assault and Battery, tried at Spring Term? 1877, of Mecklenburg Superior Court, before Cloud, J. The prosecutor, Smith, testified that he was a witness in a trial of an action before a J ustice of the Peace, wherein the present defendant was plaintiff and one Johnston was defendant, and that just after the decision of the Justice was given, this defendant struck Johnston and in a few minutes thereafter drew a pistol, and said to witness, “ You are the scoundrel I have been waiting for,” and thereupon the witness struck the defendant. This was the assault for' which conviction…
1Opinion of the CourtRodmaN, J.
1. ¥e think the Solicitor had a right to-comment on the fact that the defendant after having sworn Whitley as a witness declined to examine him. It' does not appear that his comments were in any way improper. It may be that no inference against the defendant should have been drawn from a circumstance which seems trivial enough, but the jury alone could pass on its weight.
2. The Judge spoke inaccurately and without due care when he said to the jury, that in “ passing on the credibility of the witness, Smith, they shall consider that it is a rule of law, a presumption that men testify truly and…
2Cases cited1 opinion
- State v. . SmallwoodSupreme Court of North Carolina · 1876
3Cited by14 opinions
- State v. . KigerSupreme Court of North Carolina · 1894
- State v. SchnepelMontana Supreme Court · 1900
- State v. BryantSupreme Court of North Carolina · 1953
- Mullaney v. C. H. Goss Co.Supreme Court of Vermont · 1923
- State v. Costner.Supreme Court of North Carolina · 1900
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