State v. Andrew.
Supreme Court of North Carolina
Arson, tried before Werrimon, J.; at Spring Term, 1866, of the Superior Court of Buncombe. The prisoner, late the slave of Robert L. Gudger, was indicted for burning a barn belonging to one John Reeves, in Madison county, where the indictment was found and whence the trial was removed. The evidence of the prisoner’s guilt consisted mainly in his confessions, made while he was tied and under -the charge of one T. R. James, who was acting as an officer.
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Arson, tried before Werrimon, J.; at Spring Term, 1866, of the Superior Court of Buncombe. The prisoner, late the slave of Robert L. Gudger, was indicted for burning a barn belonging to one John Reeves, in Madison county, where the indictment was found and whence the trial was removed. The evidence of the prisoner’s guilt consisted mainly in his confessions, made while he was tied and under -the charge of one T. R. James, who was acting as an officer. James and three other witnesses testified that the confessions were voluntary, and made without inducements by threat or promise. A witness for…
1Opinion of the CourtPearson, C. J.
“It is the duty of the Judge to decide the facts upon which depends the admissibility of testimony; he cannot put upon others the decision of a matter, whether of law or of fact, which he himself is bound to make.” State v. Dick, 2 Win., 45. In that case the Judge decided the fact against the prisoner, and admitted the evidence; but, in his instructions to the jury, he told them not to consider the confessions,' if they believed them not to have been made voluntarily. This was held to be error, but one of which the prisoner could not complain, because “ it could not by any possibility have…
2Cited by45 opinions
- State v. RogersSupreme Court of North Carolina · 1951
- State v. . SmithSupreme Court of North Carolina · 1942
- State v. . WhitenerSupreme Court of North Carolina · 1926
- State v. . MooreSupreme Court of North Carolina · 1936
- State v. DavisSupreme Court of North Carolina · 1960
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