Executors of Reel v. Reel
Supreme Court of North Carolina
From Pitt. Tías cause came before tlse Court again, on an appeal from the judgment rendered on the new trial, bad pursuant to the former decision of this Court.* The case, as it now stood before the Court, came up on the ground that the Court below intimated to the Jury its opinion of the matter in issue.
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From Pitt. Tías cause came before tlse Court again, on an appeal from the judgment rendered on the new trial, bad pursuant to the former decision of this Court.* The case, as it now stood before the Court, came up on the ground that the Court below intimated to the Jury its opinion of the matter in issue. Hie issue was, deroisaml vM non, and arose upon the offering for probate a paper writing, purporting to bo the last will and testament of James Bed, which was in these words; “ in the mine of God. Amen i C! C, James Heel, of Craven county,, being of sound and disposing i£ mind and memory, do…
1Opinion of the Court
The opinion of the Court was delivered by the
Chief Justice.
This is a motion for a new trial, on the ground that the Court intimated its opinion to the Jury of the matter in issue. The act of Assembly, relative to the duty of a Judge in charging, forbids him “ to give an opinion whether a fact is fully, or sufficiently proved, such matter being the true office and province of a Jury and it directs him 6i to state, in a full and correct manner, the facts given in evidence, and to declare and explain the law arising thereon.”
The evident design of this law was to preservo the purity of the trial…
2Cited by12 opinions
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- Speed v. PerrySupreme Court of North Carolina · 1914
- State v. HartSupreme Court of North Carolina · 1923
- Speed v. . PerrySupreme Court of North Carolina · 1914
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