The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-29
IN SUPREME COURT
Cases Which Were Argu-
ed at the Session
Held Yesterday.

Cases were argued before the Su-
preme Court yesterday from the
Eighth Judicial District, there being
eight cases. The case of State VS..
Jones, murder case from An
son County, the defendant having
been convicted of murder in the sec
ond degree, was not argued, and ac-
cording to the rules will go to the end
of the docket unless it is heard soon
er by agreement of counsel.
The cases argued were for murder,
larceny, assault with deadly weapon
and unlawful selling of liquors.
The cases were as follows:
Murder Case.
State VS.. Tyson, alias Morrison,
from Scotland.
The prisoner was tried at the April
term, 1904, of the Superior Court of
Scotland County, before Judge Bryan,
for the murder of Walter Combs. The
trial had been in progress for four
days and g half: all of the evidence
was in, and the arguments of counsel,
except the closing one on the part of
the State, had been made when it was
brought to the attention of the court
that one of the jurors had been
drinking intoxicating liquors, making
him unfit to discharge his duties
during the trial. The juror was with
drawn and a mistrial ordered.
Thereupon the jury was discharged
and a mistrial ordered. At November
term, 1904, of the Superior Court of
Scotland County, the prisoner was
again placed on trial under the same
bill of Indictment He pleaded form
err jeopardy and his plea was OVER
ruled. The prisoner was convicted of
murder in the second degree. The
refusal of the judge to discharge the
prisoner on his plea of former jeop-
ardly constitutes the only point which
the record presents.
Larceny Case.
State VS.. Fass Little, from Arson.
The defendant was tried before Judge
PEBBLES, at September term, 1904
of the Court of Arson, for breaking
and entering the house of j. A. Leon
ard with intent to commit the crime
of larceny. He was convicted and APP
pealed
The evidence tends to establish that
the prosecutors house was entered on
July IS, 1904 and eight or ten dollars
in silver money taken. The inmates
of the house were absent. The prose
cutor saw the defendant leave his
house by the back door The defen-
dant, after being captured, while on
the way to Jail, stated that he took the
money from Mr.. Leonard's house. The
court found that at the time the de-
PENDANT made the confession he was
under arrest and was tied with rope
around his arms above the elbows, but
mot tight enough to cause pain
Failed to Work Roads.
State VS.. Meachum from Arson.
The defendant was tried and con-
victed before Judge PEBBLES, at Sep
tember term, 1904, of the Superior
Court of Arson County, for failure to
work public roads. The case was
appeal by the defendant from the
| Judgment of justice of the peace.
Liquor Cases.
State VS. Barrett, from Union.
The defendant was tried at Novem-
| Der term 1904. of the Court of Union,
before Judge Justice, on bill of in
dictment charging him with violation
of the provisions of chapter 434, Pub
| lie Laws of 1903, this chapter relating
| to the illegal sale of Intoxicating Ii
/
1t seems to be the purpose of this
appeal principally to determine the
constitutionality of section three of
| the act recited.
State VS.. Dargan, from Union.
The defendant was tried before
Judge Justice, at November term,
l1904, of the Court of Union. The bill
charges that the defendant did unlaw-
| fully and willfully keep for sale spirit
| uous liquors.
| The prosecution is based upon vio-
/ lation of chapter 434, Laws of 1903,
prohibiting the sale of intoxicationg
liquors in the county of Union,
| State VS.. Alsobrook from Union.
This was a prosecution against the
defendant for retailing spirituous Ii
quors without license. tried at Janu-
airy term, 1905, of the Court of Union,
before Judge Ward. The defendant
was convicted and appealed.
Assault With Deadly Weapon.
State VS.. George Sturdivant, from
| Arson.
The defendant was tried before
Judge PEBBLES, at September term,
1904, of the Court of Arson, upon q
| bill charging him with an assault with
a deadly weapon upon one Burrell
SturulVanI. lie was convicted, SELL
fenced for a term of two years on the
public roads of Arson County and
appealed.
The evidence on the part of the State
tends to show that the assault occur
red at q cotton seed house on the
plantation of a Mr.. Little. The de-
PENDANT, using profane language.
walked up to the prosecutor and said
II am going to kill you. What sort
of talk have you been having with my
people?" To this the prosecutor re-
piled: 81 have not said anything
about your people, The defendant
then discharged his gun at the prose-
cutor wounding him in the left arm
and breast and on the right side of his
neck and face.
There was evidence on the part of
the defendant to the effect that the
prosecutor on the afternoon before the
shooting had insulted the wife of the
defendant, which the prosecutor de-
MED.
The Counsel
The cases on the Supreme Court