State v. Perkins
Supreme Court of North Carolina
1 From Sun’y. This was an indictment for an assault upon one Sally Fowler, tried before Badger, Judge. On the trial it appeared that the defendant Perkins, with one Davis and one Warden, who were charged in the same indictment, had gone to the house of - Sally Fowler, arrested and taken her to the house of one Har~ ris, a justice of the peace: wThen they arrived at the house of Hams, Sally Fowler made some statements-respecting the conduct of the defendant Perkins…
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1 From Sun’y. This was an indictment for an assault upon one Sally Fowler, tried before Badger, Judge. On the trial it appeared that the defendant Perkins, with one Davis and one Warden, who were charged in the same indictment, had gone to the house of - Sally Fowler, arrested and taken her to the house of one Har~ ris, a justice of the peace: wThen they arrived at the house of Hams, Sally Fowler made some statements-respecting the conduct of the defendant Perkins towardsdier at the time of the arrest. A question was made whether these declarations of hers were made in the hearing of Perkins…
1Opinion of the CourtTayiok, Chief Justice
The Court is of opinion that it was properly left to the jury to consider whether, from the circumstances of the case as disclosed in the evidence, the relation of Sally Fowler as to the violence done her at her own house, wás made in the presence of the defendant Perkins or not. That as there was evidence of his being corporally present, placing that circumstance as a fact beyond dispute; and some evidence of his being mentally present, in as Dutch as that, although inebriated, he was not disqualified to hear or understand; it was fit for the jury to decide whether the rational man was so…
2Cited by5 opinions
- Commonwealth v. BabbittMassachusetts Supreme Judicial Court · 2000
- Green v. StateTennessee Supreme Court · 1896
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of North Carolina · 1902
- Binger v. WildmanCourt of Appeals for the D.C. Circuit · 1934
- State v. PotterSupreme Court of North Carolina · 1904