State v. Blackman.

Supreme Court of North Carolina

State v. Blackman.

47 S.E. 16, 134 N.C. 683, 1904 N.C. LEXIS 146

DecidedMarch 29, 1904

StatusPublished

This text of 47 S.E. 16 (State v. Blackman.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Blackman., 47 S.E. 16, 134 N.C. 683, 1904 N.C. LEXIS 146 (N.C. 1904).

Pincite

Opinion

Pee. Cueiam:

His Honor said to the jury that the first question to decide was “whether the man had the whiskey in his possession; if he did, that would make him guilty of keeping it unlawfully.” The defendant excepted.

In any point of view the instruction was erroneous. The jury should have been permitted, upon the whole of the evidence, to say whether or not the defendant was guilty as charged. Por this error, without passing upon the other exceptions, there must be

New trial.

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Pee. Cueiam:

His Honor said to the jury that the first question to decide was “whether the man had the whiskey in his possession; if he did, that would make him guilty of keeping it unlawfully.” The defendant excepted.

In any point of view the instruction was erroneous. The jury should have been permitted, upon the whole of the evidence, to say whether or not the defendant was guilty as charged. Por this error, without passing upon the other exceptions, there must be

New trial.

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Bluebook (online)

47 S.E. 16, 134 N.C. 683, 1904 N.C. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blackman-nc-1904.