State v. . Groves
Supreme Court of North Carolina
INDICTMENT, under Section 1003 of The Code, for willfully and unlawfully killing cattle, tried before Coble, J.y and a jury, at Fall Term, 1896, of Duplin Superior Court. At the trial, after the Solicitor had rested his case, and the defendant demurred to the evidence as being insufficient to go to the jury on a certain point, the State was allowed to recall a witness on such point, and defendants excepted.
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INDICTMENT, under Section 1003 of The Code, for willfully and unlawfully killing cattle, tried before Coble, J.y and a jury, at Fall Term, 1896, of Duplin Superior Court. At the trial, after the Solicitor had rested his case, and the defendant demurred to the evidence as being insufficient to go to the jury on a certain point, the State was allowed to recall a witness on such point, and defendants excepted. The defendants then offered to introduce testimony, but the court refused to permit them to do so, and charged the jury on the facts testified to by the State’s witnesses. The defendants…
1Opinion of the Court
CtjAuk, J.:
The court in its discretion promptly permitted the witness to be recalled, and indeed might have done so even after the evidence had closed. Olive v. Olive, 95 N. C., 485. The object of a trial is to a certain the truth of the matter in controversy. The Gode, Sec. 1003, makes it a misdemeanor to willfully and unlawfully kill or abuse any “ horse, mule, hog, sheep or other cattle,” &c. The word “ cattle ” has a restricted sense which applies only to the bovine species, and also a broader meaning which includes all domestic animals. That it is used here in the latter and broader…
2Cases cited5 opinions
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Decatur Bank v. St. Louis BankSupreme Court of the United States · 1875
- State v. . AdamsSupreme Court of North Carolina · 1894
- Olive v. . OliveSupreme Court of North Carolina · 1886
- State v. . VarnerSupreme Court of North Carolina · 1894
3Cited by14 opinions
- State v. . SimsSupreme Court of North Carolina · 1938
- State v. . O'NealSupreme Court of North Carolina · 1924
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. Worley.Supreme Court of North Carolina · 1906
- State v. . DavenportSupreme Court of North Carolina · 1911
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