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State v. Robinson

Supreme Court of North Carolina
Mar 1, 1899
32 S.E. 494 (N.C. 1899)

Opinion

(Decided 14 March, 1899.)

Practice — Opening and Conclusion.

Where there are several defendants, and one of them introduces evidence, that gives the right to begin and conclude the argument to the State, Rule 3 ( 119 N.C. 958) construed accordingly.

INDICTMENT for assault and battery, tried before Bryan, J., at September Term, 1898, of WAKE.

Attorney-General and Douglas Simms for the State.

No counsel Contra.


Defendant and Eliza Ward were indicted for assault and (802) battery on Laura Robinson. Eliza Ward introduced evidence, the defendant Robinson introduced none, and his counsel claimed the right to open and close the argument. His Honor, as a matter of discretion, allowed the State to open and conclude. Defendant excepted.

Verdict of guilty. Judgment and appeal.


The defendant and Eliza Ward were indicted for an assault on Laura Robinson. At the trial, Ward introduced witnesses, but Robinson introduced no evidence. At the close of the evidence, Robinson's counsel claimed the right to open and close the argument. His Honor, as a matter of discretion, allowed the State to open and close, and Robinson excepted.

It is admitted that his Honor's ruling, except under Rule 3, is final and not reviewable. Rule 6, 119 N.C. 959.

Rule 3 is that in all cases, civil or criminal, where no evidence is introduced by the defendant, the right of reply and conclusion shall belong to his counsel. 89 N.C. 608, Rule 3. This question of practice has not been heretofore presented. It is the recollection of the members of this Court that the practice has been that where one defendant introduces evidence, that gives the right to begin and conclude the argument to the State, and we adopt that view as the better rule. If there were several defendants, the rule claimed by the defendant would be inconvenient.

NO ERROR.

(803)


Summaries of

State v. Robinson

Supreme Court of North Carolina
Mar 1, 1899
32 S.E. 494 (N.C. 1899)
Case details for

State v. Robinson

Case Details

Full title:STATE v. B. J. ROBINSON

Court:Supreme Court of North Carolina

Date published: Mar 1, 1899

Citations

32 S.E. 494 (N.C. 1899)
124 N.C. 801

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