State v. Holloway
| Decision Date | 05 November 1895 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. HOLLOWAY et al. |
Criminal Law—Instructions — Rules of Evidence.
It was error to charge that the jury "had a right to scrutinize closely the testimony of the defendants, and receive it with grains of allowance, on account of their interest in the event of the action, " without adding that, if they believed the witnesses to be credible, then they should give to their testimony the same weight as other evidence of other witnesses.
Appeal from superior court, Orange county; Greene, Judge.
Indictment against J. F. Holloway and Bill Gilbert for malicious trespass. From a judgment of conviction, defendants appeal. Reversed.
Indictment: "The jurors, for the state, upon their oaths present that J. Frank Hollo-way and Bill Gilbert, late of the county of Orange, on the 1st day of February, A. D. 1895, with force and arms, at and in the county aforesaid, unlawfully and willfully did enter upon the lands of one J. J. Carden, there situated, they, the said J. Frank Holloway ana Bill Gilbert, not being then and there the owner or owners, nor the bona fide claimant or claimants, thereof, and did then and there, with a felonious intent, unlawfully, willfully, and feloniously carry off from the said lands 70 cedar fence posts, of the value of $20, the property of the said J. J. Carden, the same having been before erected, set up, planted, and fixed in the ground, and then and there standing on said lands as fence posts, to the great damage of the said J. J. Carden, contrary to the form of the statute, " etc. "Second Count And the jurors aforesaid, upon their oaths aforesaid, do further present that J. Frank Holloway and Bill Gilbert, on the 1st day of February, 1895, with force and arms, at and in the county of Orange, unlawfully and willfully, in and upon the lands of one J. J. Carden, situated in the county aforesaid, and in the possession of said J. J. Carden, the said J. Frank Holloway and Bill Gilbert not being then and there the owner or owners, nor the bona fide claimant or claimants, thereof, and in and upon which they had no legal right of entry, did enter, and 70 cedar fence posts, of the value of $20, the property of the said J. J. Carden, then and therebefore erected, set up, provided, planted, and fixed in the ground on said land, and then and there standing and being on said land, unlawfully, willfully, maliciously, mischievously, and with malice towards its owner, did pull down,...
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... ... 570; State v ... Barnhill, 186 N.C. 446, 119 S.E. 894; State v ... Byers, 100 N.C. 512, 6 S.E. 420, supra; State v ... Lance, 166 N.C. 411, 81 S.E. 1092; 'is regarded with ... suspicion'; State v. Lee, 121 N.C. 544, 28 S.E ... 552; State v. Boon, 82 N.C. 637, 638; State v ... Holloway, 117 N.C. 730, 23 S.E. 168. When this is done ... the court should further instruct the jury, in substance, ... that after so weighing and considering the testimony of the ... defendant the jury should give his testimony such weight as ... it considers it is entitled to, and if the jury ... ...
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...jury found that they were not influenced thereby, they should have the same credit as any other witness, as was said in State v. Holloway, 117 N.C. 732, 23 S.E. 168, that, with reference to this suggestion as to the addition, we stated that no such special instruction was asked, and therefo......
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State v. Holland
...411, 81 S.E. 1092; "is regarded with suspicion"; State v. Lee, 121 N.C. 544, 28 S.E. 552; State v. Boon, 82 N.C. 637, 638; State v. Holloway, 117 N.C. 730, 23 S.E. 168. When this is done the court should further instruct the jury, in substance, that after so weighing and considering the tes......
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