State v. Groves
| Decision Date | 10 November 1896 |
| Citation | 119 N.C. 822,25 S.E. 819 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. GROVES et al. |
Criminal Law — Trial—Construction op Statute—Cattle Defined—Effect of Demurrer to Evidence.
1. The trial court in a criminal case may, in its discretion, permit the prosecution to recall a witness after it has rested its case.
2. In Code, § 1003, making it a misdemeanor to willfully and unlawfully kill or abuse any "horse, mule, hog, sheep or other cattle, " the word "cattle" is used in its general sense, and embraces all domestic quadrupeds, including goats.
3. Where, at the conclusion of the case for the prosecution, the defendant demurs to the evidence, and the demurrer is overruled, it is proper for the court to refuse to permit the defendant to introduce evidence, and to charge the jury on the state of facts admitted by the demurrer.
4. An omission to charge the jury on a particular aspect of the case is not error unless an instruction is asked and refused.
Appeal from superior court, Duplin county; Coble, Judge.
James Groves and others were charged with the unlawful killiug of goats. On the trial, after the state had rested, and a motion had been made to discharge the defendants for want of evidence on a material point, the prosecution was permitted to recall a witness on such point, to which defendants excepted. Defendants were convicted, and appeal. Affirmed.
Stevens & Beasley, for appellants.
The Attorney General and Perrin Busbee, for the State.
The court, in its discretion, properly permitted the witness to be recalled, and, indeed, might have done so even after the evidence had closed. Olive v. Olive, 95 N. C. 485. The object of a trial is to ascertain the truth of the matter in controversy.
The Code (section 1003) makes it a misdemeanor to willfully and ualawfully kill or abuse any "horse, mule, hog, sheep or other cattle, " etc. The word "cattle" has a restricted sense, which applies only to the bovine species, and also a broader meaning, which includes all domestic animals. That it is used here in the latter and broader sense, is apparent from the context "horse, mule, hog, sheep or other cattle." Indeed, the broader sense is the more usual one. Worcester's definition, "a collective name for domestic quadrupeds, including the bovine tribe, also horses, asses, mules, sheep, goats, and swine, " was approved by this court in Randall v. Railroad Co., 104 N. C. 410, 413, 10 S. E. 691. To same effect are the Standard, Webster, and Century Dictionaries. In the Scriptures, the word "cattle" ordinarily and usually embraces goats, notably in the contract between Laban and Jacob. Gen. xxx., 30, 32. In Decatur Bank v. St. Louis Bank, 21 Wall. 294, the word "cattle" is held to be broad enough to include even swine. In England the statute 9 Geo. I. c. 22 (commonly called the "Black Act") made it punishable with death, without benefit of clergy, "to maliciously and unlawfully kill any cattle." Under this it was held that the statute embraced domestic animals other than the bovine species, as a mare, in 2 East, P. C. 1074; ...
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State v. Davenport
... ... See, also, ... Kendrick v. Dellinger, 117 N.C. 491, 23 S.E. 438; ... McKinnon v. Morrison, 104 N.C. 354, 10 S.E. 513; ... State v. Debnam, 98 N.C. 712, 3 S.E. 742; ... Clark's Code (3d Ed.) pp. 535, 536; Justice v ... Gallert, 131 N.C. 393, 42 S.E. 850; State v ... Groves, 119 N.C. 822, 25 S.E. 819. Speaking to an ... objection of the same nature as this one, the court said in ... State v. Tyson, 133 N.C. 699, 45 S.E. 840; "A ... party will not be permitted to treat with indifference ... anything said or done during the trial that may injuriously ... affect ... ...
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State v. Harris
...116 N.C. 826, 21 S.E. 922; Clark's Code (2d Ed.) p. 383. But it is otherwise as to exceptions for omissions to charge ( State v. Groves, 119 N.C. 822, 25 S.E. 819; Clark's Code [2d Ed.] p. 382), and permitting the case go to the jury on insufficient testimony, since these matters must be ca......
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State v. Harris
...116 N. C. 826, 21 S. E. 922; Clark's Code (2d Ed.) p. 383. But it is otherwise as to exceptions for omissions to charge (State v. Groves, 119 N. C. 822, 25 S. E. 819; Clark's Code [2d Ed.] p. 382), and permitting the case to go to the jury on insufficient testimony, since these matters must......
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Jenkins v. Fowler
...demurrer, defendant could not offer evidence. Stith v. Lookabill, 71 N.C. 25; State v. Adams, 115 N.C. 775, 20 S.E. 722; State v. Groves, 119 N.C. 822, 25 S.E. 819. 'A demurrer to evidence withdraws a case from the jury, and it is laid down in Tidd, 865, that when the evidence is in writing......