State v. Clonch

Supreme Court of North Carolina

State v. Clonch

89 S.E.2d 469, 242 N.C. 760, 1955 N.C. LEXIS 683

CourtSupreme Court of North Carolina

DecidedOctober 19, 1955

Docket289

StatusPublished

Cited by4 cases

This text of 89 S.E.2d 469 (State v. Clonch) 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. Clonch, 89 S.E.2d 469, 242 N.C. 760, 1955 N.C. LEXIS 683 (N.C. 1955).

Pincite

Opinion

Per Curiam.

Appellant presents for decision two assignments:

First, the one based upon exception to the refusal of the court to admit evidence relating to the issue of paternity. The exception is without merit! The judgment of the Recorder’s Court in this respect is res judicata. See S. v. Robinson, 236 N.C. 408, 72 S.E. 2d 857; also G.S. 49-7; S. v. Clement, 230 N.C. 614, 54 S.E. 2d 919.

And, second, the one based upon exception to the charge:

This exception is well taken. It would seem that the language used is too unequivocal. Ordinarily it is permissible for the court to charge that if the jury finds the facts to be as the evidence tends to show beyond a reasonable doubt to return a verdict of guilty; otherwise not guilty.

For error thus committed, there must be a

New trial.

Free access — add to your briefcase to read the full text and ask questions with AI