State v. Wallace
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at December Term, 1912, of Hecxlenbttkg. Tbe defendants, Sam Wallace and Lula Wallace, were indicted-for the larceny of $1,650 in money, the property of the Southern Express Company, a corporation, and were tried together. After hearing the evidence, his Honor charged the jury that there was insufficient evidence to pass upon the guilt of Lula Wallace, and instructed the jury to return a verdict of “not guilty” as to her.
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Appeal by defendant from Webb, J., at December Term, 1912, of Hecxlenbttkg. Tbe defendants, Sam Wallace and Lula Wallace, were indicted-for the larceny of $1,650 in money, the property of the Southern Express Company, a corporation, and were tried together. After hearing the evidence, his Honor charged the jury that there was insufficient evidence to pass upon the guilt of Lula Wallace, and instructed the jury to return a verdict of “not guilty” as to her. The State introduced evidence that a package containing $1,650-, which was being shipped by the Southern' Express Company from the…
1Opinion of the Court
AlleN, J.,
after stating the case: The exceptions chiefly relied on by the defendant are to the admissibility of the letter alleged to have been written by the defendant to his'wife, and to the refusal to instruct the jury that the evidence was not sufficient to sustain a conviction. The objection to the introduction of the letter is upon two grounds:
1. That it is a confidential communication between husband and wife,' which is excluded by the rules of the common law upon grounds of public policy.
2. That the letter was obtained by an illegal .search of his premises, and to admit it in evidence…
2Cases cited5 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Adams v. New YorkSupreme Court of the United States · 1904
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- State v. GriswoldSupreme Court of Connecticut · 1896
- State v. FullerMontana Supreme Court · 1906
3Cited by25 opinions
- Elkins v. United StatesSupreme Court of the United States · 1960
- Wolf v. ColoradoSupreme Court of the United States · 1949
- State v. CovingtonSupreme Court of North Carolina · 1976
- State v. TonnSupreme Court of Iowa · 1923
- State v. LampkinsSupreme Court of North Carolina · 1973
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