State v. . Phillips

Decided January 5, 1872

Supreme Court of North Carolina · decided 1872-01-05

This was an indictment for larceny, tried before Clarke, Judge, at Eall Term 1871, of Greene Superior Court. It was in evidence that the defendant had been arrested and’ carried before one Busbee, a Justice of the Peace, before whom he confessed the theft. The Justice said “I read the warrant to him and asked him if hej was guilty or not? He said,. guilty.” The confessions of the prisoner were reduced to writing.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-01-05

How this case has been cited

Cited by 3 later decisions — most recently May 1900

3 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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BoydeN, J.

¶1 No appeal is allowed on the part of the State’ where a general verdict of not guilty has been rendered.

¶2 This was decided as far back as 1809, in the case of the State v. Jones, 1 Mur. 257, again in 1824, in the case of the State vs. Taylor, 1 Hawks, 422, and recently in the case of the State v. Credle, 63 N. C. R., 506. As no appeal could be *647 taken by the State, the question in regard to the competency of the evidence rejected, does not arise.

¶3 There is error. Appeal dismissed.

¶4 PjeR Curiam. Error.