Legal Opinion

State v. . Fowler

Supreme Court of North Carolina

Decided November 9, 1916PublishedCited by 20 opinions

INDICTMENT for housebreaking and robbery, tried before Long, J., and a jury, at July Term, 1916, of Fobsyth. The prisoner was indicated for breaking into the banking bouse and storehouse of the Center Mercantile Company and stealing therefrom $100 in money. There was evidence tending to prove the guilt of the prisoner.

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INDICTMENT for housebreaking and robbery, tried before Long, J., and a jury, at July Term, 1916, of Fobsyth. The prisoner was indicated for breaking into the banking bouse and storehouse of the Center Mercantile Company and stealing therefrom $100 in money. There was evidence tending to prove the guilt of the prisoner. J. J. Gofer, a witness for the State, testified, among other things, as follows: ' Q. Prior to this time do you know how many safes had been robbed in the city of Winston-Salem within two months preceding this time? A. I know that there had been some eight or ten of them. Q. In…

1Opinion of the Court

Walker, J.,

after stating the case: The testimony in regard to the number of housebreakings which had recently been committed was incompetent and should not have been admitted by the court. It was irrelevant to the issue, as it did not tend to prove the fact of guilt, and was certainly prejudicial to the prisoner. Nothing could be more harmful than such evidence. It was calculated to inflame the minds of the jurors against the prisoner and to prevent that calm and impartial consideration of his case to which he was entitled. No connection is shown between the alleged crimes and this one, and…

2Cases cited21 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. Adams v. New YorkSupreme Court of the United States · 1904
  4. Spies v. IllinoisSupreme Court of the United States · 1887
  5. Minor v. HappersettSupreme Court of the United States · 1875

16 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. People v. ChismMichigan Supreme Court · 1973
  3. State v. TippettSupreme Court of North Carolina · 1967
  4. State v. DunnIdaho Supreme Court · 1927
  5. State v. ThomasSupreme Court of North Carolina · 1984

15 more not listed; retrieve them via the Exa API.

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