State v. . Holly
Supreme Court of North Carolina
Appeal from Peebles, J., at tbe January Term, 1911, of New HaNover. Tbe defendant was convicted of murder in tbe first degree at tbe February Term, 1911, of New Hanover Superior Court. He was sentenced to be electrocuted, and appeals to tbis Court. Tbe .defendant offered no evidence. Tbat introduced on tbe part of tbe State tends to sbow: Tbat tbe defendant, J. C. Holly, was tbe proprietor of a hotel in tbe city of Wilmington, known as tbe Rock Spring Hotel.
Read the full summary
Appeal from Peebles, J., at tbe January Term, 1911, of New HaNover. Tbe defendant was convicted of murder in tbe first degree at tbe February Term, 1911, of New Hanover Superior Court. He was sentenced to be electrocuted, and appeals to tbis Court. Tbe .defendant offered no evidence. Tbat introduced on tbe part of tbe State tends to sbow: Tbat tbe defendant, J. C. Holly, was tbe proprietor of a hotel in tbe city of Wilmington, known as tbe Rock Spring Hotel. That tbe deceased, Edward Cromwell, was a boy about 18 years of age wbo lived witb tbe defendaut, and tbe defendant spoke of adopting'…
1Opinion of the Court
AlleN, J.,
after stating the case. We have examined the record with the care the importance of the case demands, and conclude that there is error which entitles the prisoner to a new trial.
Tbe hypothetical question, propounded by the court to the medical expert, Dr. Russell Bellamy, included an important circumstance, as to which there was no evidence, to wit, that there had been a chemical examination of a part of the liver and a part of the lungs of the deceased, and that strychnine was found in each. Professor Withers, who made the chemical examination, stated expressly that he made no test…
2Cases cited9 opinions
- People v. HallMichigan Supreme Court · 1882
- State v. . Harvey PerkinsSupreme Court of North Carolina · 1872
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- State v. . LaxtonSupreme Court of North Carolina · 1877
- Barton v. . MorphesSupreme Court of North Carolina · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- United States v. James A. LewisCourt of Appeals for the D.C. Circuit · 1973
- State v. PhillipsSupreme Court of North Carolina · 1954
- State v. BealSupreme Court of North Carolina · 1930
- Dean v. Carolina Coach Company, Inc.Supreme Court of North Carolina · 1975
51 more not listed; retrieve them via the Exa API.