State v. Millican
Supreme Court of North Carolina
Appeal from Allen, J., at January Term, 1912, of LeNOIR. The defendants were. indicted at May Term, 1911, of the Superior Court of Lenoir County, under section 3338 of tbe Re-visal, for burning a warehouse in LaGrange. They were tried on tbe indictment at October term of said court, and upon failure of tbe jury to agree, a juror was withdrawn and a new trial ordered. Tbey were tried a second time at January Term, 1912, of said court, and convicted.
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Appeal from Allen, J., at January Term, 1912, of LeNOIR. The defendants were. indicted at May Term, 1911, of the Superior Court of Lenoir County, under section 3338 of tbe Re-visal, for burning a warehouse in LaGrange. They were tried on tbe indictment at October term of said court, and upon failure of tbe jury to agree, a juror was withdrawn and a new trial ordered. Tbey were tried a second time at January Term, 1912, of said court, and convicted. Tbe judge presiding sentenced each of tbe defendants to a term of thirty years at bard labor in tbe State’s Prison, and tbey appealed.
1Opinion of the CourtAllen, J.
If we were permitted to examine tbe evidence for tbe purpose of determining tbe guilt or innocence of tbe defendants, we would have grave doubts as to tbe propriety of sustaining tbe verdict of tbe jury.
Tbe State bad to rely upon a witness, who claimed to be an accomplice, whose evidence is unsatisfactory and has very little corroboration.
This witness gives tbe following account of tbe burning:
“Sunday, before tbe fire, I came downtown, and when I got there, there was Lonnie Millican, Jim Britt, and Nick Joyner on tbe platform talking — tbe depot platform. I walked up there and asked them to…
2Cases cited11 opinions
- State v. . LambertSupreme Court of North Carolina · 1885
- State v. . MasseySupreme Court of North Carolina · 1887
- State v. . DavisSupreme Court of North Carolina · 1877
- State v. SmarrSupreme Court of North Carolina · 1897
- State v. . MorganSupreme Court of North Carolina · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. CottonSupreme Court of North Carolina · 1987
- State v. ChildsSupreme Court of North Carolina · 1967
- State v. . WigginsSupreme Court of North Carolina · 1916
- State v. WigginsSupreme Court of North Carolina · 1916
- State v. FosterCourt of Appeals of North Carolina · 1977
1 more not listed; retrieve them via the Exa API.