State v. . Royal

Decided February 5, 1884

Supreme Court of North Carolina · decided 1884-02-05

INDICTMENT for an assault tried at Fall Term, 1S83, of CUMBERLAND Superior Court, before McKoy, J. The defendant was charged with an assault with a deadly weapon upon one Benjamin Walker, and was found guilty by tlie jury.

Good law ✅— No negative treatment on recordhow we know

Decided 1884-02-05

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Cited by 4 later decisions — most recently October 2011

4 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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Ashe, J.

¶1 There is no principle of law better settled in this ■state than that evidence impeaching their verdict must not come from the jury, but must be shown by other testimony. State v. McLeod, 1 Hawks, 344; State v. Smallwood, 78 N. C., 560; State v. Brittain, 89 N. C., 481.

¶2 It is therefore ordered that the motion for a new trial be ■overruled, and that the superior court of Cumberland county proceed to judgment against the defendant agreeably to this •opinion according to law.

¶3 No Error.

¶4 Affirmed.