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83 N.C. 624

State v. . Holland

Supreme Court of North Carolina

Decided June 5, 1880

Supreme Court of North Carolina · decided 1880-06-05

IndictmeNT for'Larceny tried at Spring Term, 1880, of Chatham Superior Court, before Seymour, J. The defendants, Harrison Holland and Jasper Fuller, were tried at said term, for larceny and receiving stolen goods. On the trial the state offered one Stephen Stone as a witness against the defendants. Stone was an accomplice and the bill of indictment had been sent against him and the others, but his name was erased from the bill.

Good law ✅— No negative treatment on recordhow we know

Decided 1880-06-05

How this case has been cited

Cited by 6 later decisions — most recently April 1961

4 state decisions

20188018901900191019201930194019501960decided

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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Ashe, J.

¶1 We know that in England a defendant cannot' be convicted upon the uncorroborated testimony of an accomplice. His testimony is’ allowed to go to the jury to be weighed by them for what it is worth, when supported by other evidence or by circumstances confirmatory of his testimony. But in this state a different doctrine obtains. Here, a defendant may be convicted upon the unsupported testimony of an accomplice.

¶2 In the case of State v. Haney, 2 Dev. & Bat., 390, this court held that “ the unsupported testimony of an accomplice, if it produces entire belief of the prisoner’s guilt, is sufficient to warrant a conviction ; and the usual direction to the jury not to convict upon it, unless supported by other testimony, is only a precautionary measure to prevent improper confidence being reposed in it, and the propriety of giving this caution must be left to the discretion of the judge who tries the cause.” The same doctrine is announced in the case of State v. Hardin, Ibid., 407, where Chief Justice RuffiN says: “It is however dangerous to act exclusively on such evidence, and therefore the court may properly caution the *626 jury, and point out the grounds for requiring evidence confirmatory of some substantial part of- it. Rut the court can do nothing more, and if the jury yield faith to it, it is not only legal but obligatory on their consciences to found their verdict upon it.”

¶3 There-is no error. Let this be certified to the-superior -court of Chatham county, that further proceedings may be had in conformity to this opinion and the law.

¶4 Per CuriaM. No error.

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