State v. . Mikle
Supreme Court of North Carolina
Indictment for Murder tried at Spring Term, 1879, of Cherokee Superior Court, before Gudger, J. There was a verdict of guilty, judgment, appeal by the prisoner. Cited and commented on Lynes v. State, 36 Miss., 617, as to effect of circumstantial evidence. Where irrelevant testimony is admitted, a new trial will be granted. Bank v. Whinfield, 24 Wend., 419. See also Smith v. Russ, 22 Wis., 439; State v. Freeman, 4 Jones, 5; Patton v. Porter, 3 Jones, 539.
1Opinion of the CourtSmith, C. J.
The prisoner is charged with the murder of one James Ross, and two others who on the trial were acquitted, as being present aiding and abetting in the crime.
The prisoner and the deceased lived not far apart upon the same branch- and between their places of residence, but visible at neither was a cultivated field of the deceased, into which the hogs of Baty Mikle, one of the accused, had broken and committed depredations. Early in the morning of the day of death of the deceased, he started from his house, going in that direction with his dog, and said he would look and see if hogs were in the…
2Cases cited2 opinions
- Lynes v. StateMississippi Supreme Court · 1872
- Smith v. RussWisconsin Supreme Court · 1868
3Cited by9 opinions
- State v. . PageSupreme Court of North Carolina · 1939
- State v. . JonesSupreme Court of North Carolina · 1885
- State v. GaskinsSupreme Court of North Carolina · 1960
- Sprinkle v. United StatesCourt of Appeals for the Fourth Circuit · 1906
- State v. . StricklandSupreme Court of North Carolina · 1935
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