State v. . Watters
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Ashe county, at Spring Term, 1843, his Honor Judge Dick presiding. This was an indictment for a libel, a copy of which is as follows, viz: “ Notice, A man called Isaac Tinsley on the first day of this month in a suit wherein the State was plaintiff and myself and wife were defendants, swear a wilful lie and I can prove it. October 15th, 1841. (Signed) WILLIAM P. WATTERS.” The defendant pleaded not guilty and justification.
Read the full summary
Appeal from the Superior Court of Law of Ashe county, at Spring Term, 1843, his Honor Judge Dick presiding. This was an indictment for a libel, a copy of which is as follows, viz: “ Notice, A man called Isaac Tinsley on the first day of this month in a suit wherein the State was plaintiff and myself and wife were defendants, swear a wilful lie and I can prove it. October 15th, 1841. (Signed) WILLIAM P. WATTERS.” The defendant pleaded not guilty and justification. The State proved that the libel was written and published by the defendant. The defendant relied on the truth of the charge as a…
1Opinion of the CourtRuffin, C. J.
If the evidence had been heard, it could have availed nothing ; and for that reason the verdict should not be distm-bed. The oath of the prosecutor was, on the former trial, that the grand-father and grand-mother of the de-fetid a lit were coal black negroes. In that we must understand- him to mean the reputed grand-father, as no marriage is stated. Now, that is not contradicted by the declaration of the grand-mother, evemif true, that the natural father of her daughter was a white man ; for it is not suggested that the prosecutor knew thereof, or, even tha't there was such a reputation in…
2Cited by4 opinions
- Tatterson v. KehrleinCalifornia Court of Appeal · 1927
- Hare v. . Board of EducationSupreme Court of North Carolina · 1893
- Ferrall v. . FerrallSupreme Court of North Carolina · 1910
- State v. . MillerSupreme Court of North Carolina · 1944