Legal Opinion

State v. McDonald

Supreme Court of North Carolina

Decided June 15, 1875PublishedCited by 4 opinions

INDICTMENT for Burglary, tried before Buxton, J'., at January Term, 1875, Cumberland Superior Court. The following is the evidence in the case : Thomas J. Green, the prosecutor, was introduced as a witness for the State, and testified : I am Captain of a steamboat plying between Fayetteville and Wilmington.

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INDICTMENT for Burglary, tried before Buxton, J'., at January Term, 1875, Cumberland Superior Court. The following is the evidence in the case : Thomas J. Green, the prosecutor, was introduced as a witness for the State, and testified : I am Captain of a steamboat plying between Fayetteville and Wilmington. On the night of the 11th of August, 1874, my dwelling house on Person street, in Fayetteville, was forcibly entered by prizing open the blinds of a window on the east side of my house. These blinds I had hooked myself the evening before, and left the sash up for air. On the next morning I…

1Opinion of the Court

ByNüm, J.

None of the objections raised by the counsel of the prisoner are available to him.

1. The confessions of the prisoner were voluntary and admissible, even without the consent of the counsel; but when the counsel withdrew his objections and allowed the greater part of the conversation between the witness and the prisoner to be given in evidence, he had no right, by removing the objection, to exclude a part or the whole. State v. Davis, 63 N. C. Rep., 578.

2. We know of no rule of evidence which excluded the testimony of Worth because he was a grand juror, even if he had acted as such in…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. State v. . DavisSupreme Court of North Carolina · 1869
  2. State v. . RattsSupreme Court of North Carolina · 1869

3Cited by4 opinions

  1. State v. OxendineSupreme Court of North Carolina · 1981
  2. Commonwealth v. SuttonSuperior Court of Pennsylvania · 1952
  3. Commonwealth v. SullivanSuperior Court of Pennsylvania · 1927
  4. Rowell v. StateAlabama Court of Appeals · 1958

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