State v. . Huggins
Supreme Court of North Carolina
INDictmkNt for murder of John Thomas, tried before Bryan, J., at Special September Term, 1899, of the Superior Court of LeNOIR County. The prisoners were convicted of murder in the second degree, and appealed from the judgment pronounced. Huggins afterwards withdrew his appeal. The other two', Pittman and Johnson, took the exception that the evidence would not warrant their conviction.
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INDictmkNt for murder of John Thomas, tried before Bryan, J., at Special September Term, 1899, of the Superior Court of LeNOIR County. The prisoners were convicted of murder in the second degree, and appealed from the judgment pronounced. Huggins afterwards withdrew his appeal. The other two', Pittman and Johnson, took the exception that the evidence would not warrant their conviction. His Honor refused to so hold, but in settling the case for the Supreme Court directed the evidence to' be certified and embraced in the transcript, which was not done in consequence of its having become lost…
1Opinion of the CourtClark, J.
The prisoners, Johnson and Pittman, appeal from a conviction of murder in the second degree. The only question presented is as to whether there was any evidence as to them to go to the jury. The Judge ordered the evidence to be set up as' a part of the case on appeal, but by the almost criminal carelessness of some one, it has been, lost, and the county of Lenoir will be put to the expense of another trial, which must be granted. Ritter v. Grimm, 114 N. C., 373; Clemmons v. Archbell, 107 N. C., 653; State v. Parks, Id., 821; Owens v. Paxton, 106 N. C., 480. When court papers are thus lost the…
2Cases cited6 opinions
- State v. WilsonSupreme Court of North Carolina · 1897
- State v. . HarrisSupreme Court of North Carolina · 1897
- State v. J. S. WilcoxSupreme Court of North Carolina · 1896
- Owens v. . PaxtonSupreme Court of North Carolina · 1890
- Clemmons v. . ArchbellSupreme Court of North Carolina · 1890
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3Cited by15 opinions
- State v. . LeakSupreme Court of North Carolina · 1911
- State v. GastonSupreme Court of North Carolina · 1952
- State v. SandersSupreme Court of North Carolina · 1971
- State v. Lilliston.Supreme Court of North Carolina · 1906
- State v. Salisbury Ice & Fuel Co.Supreme Court of North Carolina · 1914
10 more not listed; retrieve them via the Exa API.