State v. . Utley

Decided March 20, 1900

Supreme Court of North Carolina · decided 1900-03-20

INDICTMENT for attempting to poison the prosecutor by placing phosphorus and a deadly poison, the name of which is to the jurors unknown, in a coffee pot with coffee therein, made for the prosecutor to drink, feloniously and maliciously intending him to injure, kill and murder, tried before Hohe, J., at January Term, 1900, of Wake Superior Court.

Good law ✅— No negative treatment on recordhow we know

Decided 1900-03-20

How this case has been cited

Cited by 10 later decisions — most recently March 1968

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Faircloth, C. J.

¶1 The defendant is indicted for attempting to poison another by placing phosphorus and a poisonous substance in a coffee pot. After the conviction the defendant moved for an arrest of judgment, because the bill did not charge that the defendant had knowledge of the deadly character* of the substance alleged to b-ei poisonous. This averment was held not to be essential in State v. Slagle, 88 N. C., 630.

¶2 The defendant also asked his Honor to instruct the jury .to render a verdict of not guilty on the ground that there was not sufficient evidence to submit to the jury, which prayer was overruled. We have carefully read the evidence, and think that there was evidence to go to the jury. The weight of the evidence and the credibility of the witnesses were for the jury to consider, and not the Court.

¶3 Affirmed.