State v. . Jones

Decided January 5, 1873

Supreme Court of North Carolina · decided 1873-01-05

Murder, tried before Clarice, X, at CrAven Superior Court, Fall Term, 1872. Upon the trial, one Brown, a Justice of the Peace, testified that Hardy Jones, the prisoner, was arrested for larceny and brought before him as a Justice of the Peace; that he examined the case and ordered him to give bond, &c. The prisoner ran off and escaped. In the absence of a regular-constable, Brown deputized one John M. Thorpe to arrest Hardy Jones.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-05

How this case has been cited

Cited by 3 later decisions — most recently October 1978

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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Reade, J.

¶1 There was no exception to the charge of his Honor, which was clear, and in all respects just to the prisoner. And the record proper is sufficient in form and sub *444 stance. The only point made was as to the competency of the opinion of the physician who was examined for the State, as to the cause of the death of the deceased, and of his posture and position at the time he was shot. It was not denied that the opinion was competent as to the cause of death, but it was insisted that it was incompetent as to the posture and position. We suppose an expert might express ■an. opinion of the posture and position from the range of the shot, and other circumstances; but, however that may he, it was in this case wholly immaterial and could not have done the prisoner injustice; and therefore it is no ground for •a venire, de novo.

¶2 There is no error.

¶3 This will be certified.

Per Curiam.

¶4 Judgment affirmed.