State v. Perry
Supreme Court of North Carolina
IndjCTURNT for rape, tried at February Term, 1897, of Beaupokt Superior Court, before Bryan, J., and a jury. There was it verdict of guilty and after sentence of death was pronounced it came to the knowledge of the prisoner’s counsel that the jury had visited the scene of the alleged rape while they were considering the case, without the knowledge or consent of the defendant, his counsel or the Court.
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IndjCTURNT for rape, tried at February Term, 1897, of Beaupokt Superior Court, before Bryan, J., and a jury. There was it verdict of guilty and after sentence of death was pronounced it came to the knowledge of the prisoner’s counsel that the jury had visited the scene of the alleged rape while they were considering the case, without the knowledge or consent of the defendant, his counsel or the Court. An affidavit was filed by the prisoner to that effect and as a basis for a«motion to set aside the verdict and for a new trial. Ilis Honor found the following facts: “The evidence in this case…
1Opinion of the Court
ClArK, J.:
In Jenkins v. Railroad, 310 N. C., 438, it is said: “The granting or refusal of the application for the jury to view the premises is a matter which rested in the sound discretion of the trial Judge. .On some occasions it may be very useful and indeed almost necessary. The matter is one which must be left to' the sound discretion of the trial Judge by whom such motion should only be granted when it shall seem clear to him that it is required in the interest of justice. But this practice is not to be encouraged.” There are some States in which express statutes have been passed…
2Cases cited4 opinions
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
- People v. HopeCalifornia Supreme Court · 1882
- Waters v. North Carolina Phosphate Corp.Supreme Court of North Carolina · 1984
- State v. LopezNevada Supreme Court · 1880
3Cited by15 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. . StewartSupreme Court of North Carolina · 1925
- State v. Hatton Perry.Supreme Court of North Carolina · 1898
- Madden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933
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