Legal Opinion

State v. . Burton

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 19 opinions

This was an indictment for an assault and battery with a deadly weapon, and with intent to kill, tried before Gilmer, Judge, at Fall Term, 1885, of GRANVILLE Superior Court. There were several exceptions taken on the trial, to the ruling of the Court upon the admission of evidence. The main question involved, was as to the identity of the defendant.

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This was an indictment for an assault and battery with a deadly weapon, and with intent to kill, tried before Gilmer, Judge, at Fall Term, 1885, of GRANVILLE Superior Court. There were several exceptions taken on the trial, to the ruling of the Court upon the admission of evidence. The main question involved, was as to the identity of the defendant. The prosecutrix,- introduced as a witness for the State, testified, that in August, 1884, the defendant, at night, came to her house disguised as a man, in men’s clothing, with her face partially concealed with a white cloth, and beat her with a…

1Opinion of the CourtAshe, J.

(after stating the facts). We think there was error in excluding the testimony of the witness, Home, by whom it was proposed by defendant to prove what was said by another woman, in the presence and hearing of the prosecutrix, in i’egard to the identity of the person who had committed the assault. The conversation occurred either on the night,' or the night after, the assault, when the circumstances of the transaction were fresh in the memory of the prosecutrix, and before she had made a .statement to any one, so far as appears, as to the person who committed the act, and while there was an…

2Cases cited3 opinions

  1. State v. . BowmanSupreme Court of North Carolina · 1879
  2. Guy v. . ManuelSupreme Court of North Carolina · 1883
  3. State v. . CrockettSupreme Court of North Carolina · 1880

3Cited by19 opinions

  1. State v. MortensenUtah Supreme Court · 1903
  2. Gulf, Colorado & Santa Fe Railway Co. v. MatthewsTexas Supreme Court · 1906
  3. State v. . HawkinsSupreme Court of North Carolina · 1938
  4. State v. GuffeySupreme Court of North Carolina · 1964
  5. State v. HawkinsSupreme Court of North Carolina · 1938

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