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State v. Pippin

State v. George H. Pippin.

State v. Pippin, 88 N.C. 646 (1883)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
February 5, 1883
Judges
Smith
Citations
88 N.C. 646
Headnotes
Fornication and Adultery — Evidence. In fornication and adultery, evidence of acts anterior to the two years preceding the finding of the bill of indictment, is competent to be considered by the jury in connection with evidence of other acts of a like nature within the two years.
Summary
INDICTMENT for fornication and adultery tried at Fall Term, 1882, of Martin Superior Court, before Gilliam, J. The defendants appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Smith

Smith, C. J.

The defendants (George H. Pippin and Tabitha Hawkins) are charged with maintaining an illicit sexual intercourse during the two years preceding the finding of the bill of indictment, and, on the trial, to prove the offence, evidence was admitted of their being seen in bed together at a tinte antecedent to that protected by the statute of limitations.

The court charged the jury that it was competent for them to consider the relations between the parties as subsisting more than two years before the finding of the bill, and the other circumstances in evidence, including the fact that for the past two years and up to the trial they had lived alone in the same house.

To this instruction is directed the only exception relied on and pressed in this court. We find no error in the instruction, and it is fully warranted by the case of State v. Kemp, 87 N. C., 538 . Let this be certified, &c.

No error. Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

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1884–1885: 11888–1889: 21890–1891: 11894–1895: 11896–1897: 31900–1901: 11902–1903: 21908–1909: 11910–1911: 11924–1925: 11930–1931: 11954–1955: 118842026peak 1896 · 3

Relies on it most ⓘ

  1. Skidmore v. State123 S.W. 1129 (Tex. Crim. App. 1909) · Dissent
  2. State v. McClain81 S.E.2d 364 (N.C. 1954)
  3. State v. Markins95 Ind. 464 (1884)
  4. State v. O'Donnell61 P. 892 (Or. 1900)
  5. Battles v. State140 S.W. 783 (Tex. Crim. App. 1910)
  6. State v. Hurd70 N.W. 613 (Iowa 1897)

Most recent

  1. State v. McClain81 S.E.2d 364 (N.C. 1954)
  2. Abbott v. People299 P. 1053 (Colo. 1931) · Dissent
  3. State v. Willson233 P. 259 (Or. 1925)
  4. Battles v. State140 S.W. 783 (Tex. Crim. App. 1910)
  5. Skidmore v. State123 S.W. 1129 (Tex. Crim. App. 1909) · Dissent
  6. Sykes v. State112 Tenn. 572 (1903)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Kemp, 87 N.C. 538 (1882) 13

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