State v. . Howard
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at October Term, 1914, of ONSLOW. Criminal action. “On bill of indictment for tbe slander of Bessie Marshburn, an innocent and virtuous woman.” E. E. Hancock, a witness for the State, testified as follows: “I know defendant and Bessie Marshburn.
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Appeal by defendant from Daniels, J., at October Term, 1914, of ONSLOW. Criminal action. “On bill of indictment for tbe slander of Bessie Marshburn, an innocent and virtuous woman.” E. E. Hancock, a witness for the State, testified as follows: “I know defendant and Bessie Marshburn. Defendant said, about 1 May, where I was, and was talking of going with girls — said he had quit his old girl, Bessie Marshburn; that Luther Mills was going with her now; that neither one of them was worth anything; she was not a lady; she was nothing but a crook, and he could prove it by his brother Enoch.” In…
1Opinion of the CourtHoke, J.
It was chiefly urged for error that the court did not sustain defendant’s demurrer to the State’s evidence, and that his Honor refused to charge, as requested, that in no aspect of the evidence could defendant be convicted; but the position, in our opinion, cannot be sustained.
His Honor properly charged the jury that in order to constitute the crime, within the meaning of the law, the words used must amount to a charge of incontinency. S. v. Moody, 98 N. C., 671. And while our decisions hold that when the words used have a fixed and unambiguous meaning, they may not, as a rule, be given a…
2Cases cited8 opinions
- Lucas v. . NicholsSupreme Court of North Carolina · 1859
- Emmerson v. MarvelIndiana Supreme Court · 1876
- Sasser v. . RouseSupreme Court of North Carolina · 1851
- Brittain v. . AllenSupreme Court of North Carolina · 1829
- State v. . MoodySupreme Court of North Carolina · 1887
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3Cited by7 opinions
- Beauharnais v. IllinoisSupreme Court of the United States · 1952
- Cotton v. Fisheries Products Co.Supreme Court of North Carolina · 1919
- Vincent v. . PaceSupreme Court of North Carolina · 1919
- Castelloe v. . PhelpsSupreme Court of North Carolina · 1930
- Cotton v. . Fisheries Products Co.Supreme Court of North Carolina · 1919
2 more not listed; retrieve them via the Exa API.