State v. Phillips

State v. . Phillips.

State v. Phillips, 66 N.C. 646 (1872)

Court: Supreme Court of North Carolina · State Highest Courts
Decided: January 5, 1872
Judges: BoydeN
Citations: 66 N.C. 646

Cited by 5

Headnotes

No appeal is allowed on t-he part of the State, where a general verdict of not-guilty, has been rendered.

Summary

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. The Justice said, “He had not informed the prisoner that he was not compelled to answer.” The State proposed to introduce in evidence the confessions-of the prisoner. They were rejected by His Honor upon the ground that under the Act of 1868-69, it was the duty of the; Justice of the Peace to propound the preliminary question. There was a verdict of not guilty, and the State 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 — BoydeN

BoydeN, J.

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

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.

There is error. Appeal dismissed.

PjeR Curiam. Error.

How later courts describe this case

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

Cited by 5 cases

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State Highest Courts5

Relies on it most ⓘ

State v. Savery36 S.E. 22 (N.C. 1900)
State v. Powell86 N.C. 640 (1882)
State v. Ostwalt24 S.E. 660 (N.C. 1896)
State v. Armstrong72 N.C. 193 (1875)
State v. Nichols200 S.E. 926 (N.C. 1939)

Most recent

State v. Nichols200 S.E. 926 (N.C. 1939)
State v. Savery36 S.E. 22 (N.C. 1900)
State v. Ostwalt24 S.E. 660 (N.C. 1896)
State v. Powell86 N.C. 640 (1882)
State v. Armstrong72 N.C. 193 (1875)

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 0

No citations to other opinions in this database were found.

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