State v. . Patterson
Supreme Court of North Carolina
LaeceNY, tried before Gannon, J., at Spring Term, 1869, of the Superior Court of Transylvania. The defendant was indicted for stealing a hog, the property of one Lydey. It was shown on the part of the State that a warrant was issued against the defendant at the instance of the prosecutor, Lydey, and that when it was being served, Lydey charged the defendant with the theft.
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LaeceNY, tried before Gannon, J., at Spring Term, 1869, of the Superior Court of Transylvania. The defendant was indicted for stealing a hog, the property of one Lydey. It was shown on the part of the State that a warrant was issued against the defendant at the instance of the prosecutor, Lydey, and that when it was being served, Lydey charged the defendant with the theft. The counsel for the defendant then asked the witness (Lydey) -what was the reply of the defendant to this accusation ? To the reception of this evidence the Solictor objected; .and the Court sustained the objection. Yedict,…
1Opinion of the CourtSettle, J.
From the statement of the case sent to this Court, it appears that while the warrant was being served at the house of the defendant, the prosecutor, Lydey, charged the defendant with stealing his hog. This evidence" was introduced by the State.
Had the defendant remained silent, it would have been a circumstance which the jury might have taken into consideration in passing upon his guilt. State v. Swink, 2 Dev. & Bat. 9; for there is no doubt but that admissions implied from the conduct of a party are evidence against him, as well as express admissions. Surely, then, the State ought not to…
2Cited by5 opinions
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- State v. FowlerSupreme Court of North Carolina · 1949
- People v. BowenMichigan Supreme Court · 1912
- State v. . RhyneSupreme Court of North Carolina · 1891
- State v. BarnwellCourt of Appeals of North Carolina · 1973