defendant also assigns error in North Carolina

14 North Carolina opinions name it 2 courts 1936–1989 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
State v. Bookergreen nc · 1982 · cited in 1 North Carolina opinions naming this issue, 1989–1989 2 sentences 1989With respect to assignment of error one, it is a well-settled and frequently stated principle that “a confession cannot be received in evidence where the defendant has been influenced by any threat or promise; ... a confession obtained by the slightest emotions of hope or fear ought to be rejected.” State v. Booker, 306 N.C. 302, 307 , 293 S.E.2d 78, 81 (1982). 1989With respect to assignment of error one, it is a well-settled and frequently stated principle that “a confession cannot be received in evidence where the defendant has been influenced by any threat or promise; ... a confession obtained by the slightest emotions of hope or fear ought to be rejected.” State v. Booker, 306 N.C. 302, 307 , 293 S.E.2d 78, 81 (1982).	1	1
State v. Mooregreen nc · 1970 · cited in 1 North Carolina opinions naming this issue, 1985–1985 2 sentences 1985See generally State v. Moore, 276 N.C. 142 , 171 S.E. 2d 453 (1970). 139 The defendant also assigns as error the action of the trial court in permitting the prosecutor to question her about a prior sworn affidavit she had given to an insurance company stating that her marriage to the deceased had been “without interruption.” The defendant argues that she was never divorced from her husband and that the statement in the affidavit was, therefore, true. 1985See generally State v. Moore, 276 N.C. 142 , 171 S.E. 2d 453 (1970). 139 The defendant also assigns as error the action of the trial court in permitting the prosecutor to question her about a prior sworn affidavit she had given to an insurance company stating that her marriage to the deceased had been “without interruption.” The defendant argues that she was never divorced from her husband and that the statement in the affidavit was, therefore, true.	1	1
State v. Turnage.green nc · 1905 · cited in 1 North Carolina opinions naming this issue, 1956–1956 2 sentences 1956See State v. Turnage, 138 N.C. 566 , 49 S.E. 913 ." The defendant also assigns as error the failure of the court to give the pertinent contentions arising on his evidence with respect to "dry firing," flight, character evidence, and other pertinent matters, and its further failure to declare and explain the law applicable to his contentions as to what occurred, if the jury should find his version of what occurred to be true. 1956See State v. Turnage, 138 N.C. 566 , 49 S.E. 913 ." The defendant also assigns as error the failure of the court to give the pertinent contentions arising on his evidence with respect to "dry firing," flight, character evidence, and other pertinent matters, and its further failure to declare and explain the law applicable to his contentions as to what occurred, if the jury should find his version of what occurred to be true.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (23)

Case	Cited	Years
State v. Sutton green nc · 1949 2 sentences 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 . 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 .	2	1952–1956
State v. Oliver green nc · 1983 2 sentences 1987Appellate counsel has been commendably diligent in meeting his obligation under State v. Oliver, 309 N.C. 326 , 307 S.E.2d 304 (1983), to inform this Court on appeal that no objection to these portions of the instructions was made by trial counsel. 1987Appellate counsel has been commendably diligent in meeting his obligation under State v. Oliver, 309 N.C. 326 , 307 S.E.2d 304 (1983), to inform this Court on appeal that no objection to these portions of the instructions was made by trial counsel.	1	1987–1987
State v. Biggs green nc · 1977 2 sentences 1978The court's instruction was substantially similar to one recently approved by the Supreme Court in State v. Biggs, 292 N.C. 328 , 233 S.E.2d 512 (1977). 1978The court's instruction was substantially similar to one recently approved by the Supreme Court in State v. Biggs, 292 N.C. 328 , 233 S.E.2d 512 (1977).	1	1978–1978
State v. Roseman green nc · 1971 2 sentences 1973This was not error, for as stated by Lake, Justice, in State v. Roseman, 279 N.C. 573 , 184 S.E. 2d 289 (1971): “. . . 1973This was not error, for as stated by Lake, Justice, in State v. Roseman, 279 N.C. 573 , 184 S.E. 2d 289 (1971): “. . .	1	1973–1973
State v. . Warren green nc · 1947 2 sentences 1971All that the law requires is that the jury shall be clearly instructed, that unless after due consideration of the evidence they are “fully satisfied” or “entirely convinced” or “satisfied beyond a reasonable doubt” of the guilt of the defendant, it is their duty to acquit, and every attempt on the part of the courts to lay down a “formula” for the instruction of the jury, by which 44 to “gauge” the degrees of conviction, has resulted in no good.’ We reproduce these words from the opinion delivered by Pearson, C.J., in S. v. Parker, 61 N.C. 473 , as they present in a clear and forcible manner 1971All that the law requires is that the jury shall be clearly instructed, that unless after due consideration of the evidence they are “fully satisfied” or “entirely convinced” or “satisfied beyond a reasonable doubt” of the guilt of the defendant, it is their duty to acquit, and every attempt on the part of the courts to lay down a “formula” for the instruction of the jury, by which 44 to “gauge” the degrees of conviction, has resulted in no good.’ We reproduce these words from the opinion delivered by Pearson, C.J., in S. v. Parker, 61 N.C. 473 , as they present in a clear and forcible manner	1	1971–1971
State v. . Parker neutral · 1868 1 sentence 1971All that the law requires is that the jury shall be clearly instructed, that unless after due consideration of the evidence they are “fully satisfied” or “entirely convinced” or “satisfied beyond a reasonable doubt” of the guilt of the defendant, it is their duty to acquit, and every attempt on the part of the courts to lay down a “formula” for the instruction of the jury, by which *44 to “gauge” the degrees of conviction, has resulted in no good.’ We reproduce these words from the opinion delivered by Pearson, C.J., in S. v. Parker, 61 N.C. 473 , as they present in a clear and forcible manner	1	1971–1971
Peoples v. Peoples green ncctapp · 1971 1 sentence 1971Peoples v. Peoples, 10 N.C.	1	1971–1971
State v. Rainey green nc · 1953 2 sentences 1968Johnson, J., said for the Court in S. v. Rainey, 236 N.C. 738 , 74 S.E. 2d 39 : “The defendant also assigns error in respect to the portion of the charge dealing with the failure of the defendant to take the stand and testify in her own behalf. 1968Johnson, J., said for the Court in S. v. Rainey, 236 N.C. 738 , 74 S.E. 2d 39 : “The defendant also assigns error in respect to the portion of the charge dealing with the failure of the defendant to take the stand and testify in her own behalf.	1	1968–1968
State v. Robinson neutral nc · 1956 2 sentences 1962“It is as much the duty of the State to establish wilful failure to support by evidence showing that fact beyond reasonable doubt as it is to so establish paternity.” State v. Jones, supra. The Attorney General calls attention to certain deviations from statutory requirements as shown by the record: The affidavit initiating the prosecution may be made by the mother or the Director of Public Welfare, G.S. 49-5; State v. Robinson, 245 N.C. 10 , 95 S.E. 2d 126 . 1962“It is as much the duty of the State to establish wilful failure to support by evidence showing that fact beyond reasonable doubt as it is to so establish paternity.” State v. Jones, supra. The Attorney General calls attention to certain deviations from statutory requirements as shown by the record: The affidavit initiating the prosecution may be made by the mother or the Director of Public Welfare, G.S. 49-5; State v. Robinson, 245 N.C. 10 , 95 S.E. 2d 126 .	1	1962–1962
State v. Gibson neutral nc · 1956 2 sentences 1962The defendant also assigns as error this instruction to the jury: “Now, the Court instructs you that if you answer the first issue yes and the second issue yes and upon a consideration of the third issue if you find the facts to be as all the evidence tends to show it would 655 be your duty to answer the third issue yes also; if you fail to so find you would answer it no.” The Attorney General concedes the above charge is erroneous and in conflict with State v. Jones, 254 N.C. 351 , 118 S.E. 2d 908 ; State v. Gibson, 245 N.C. 71 , 95 S.E. 2d 125 ; State v. Hayden, supra; State v. Cook, 207 N. 1962The defendant also assigns as error this instruction to the jury: “Now, the Court instructs you that if you answer the first issue yes and the second issue yes and upon a consideration of the third issue if you find the facts to be as all the evidence tends to show it would 655 be your duty to answer the third issue yes also; if you fail to so find you would answer it no.” The Attorney General concedes the above charge is erroneous and in conflict with State v. Jones, 254 N.C. 351 , 118 S.E. 2d 908 ; State v. Gibson, 245 N.C. 71 , 95 S.E. 2d 125 ; State v. Hayden, supra; State v. Cook, 207 N.	1	1962–1962
State v. . Cook neutral nc · 1934 2 sentences 1962The defendant also assigns as error this instruction to the jury: “Now, the Court instructs you that if you answer the first issue yes and the second issue yes and upon a consideration of the third issue if you find the facts to be as all the evidence tends to show it would 655 be your duty to answer the third issue yes also; if you fail to so find you would answer it no.” The Attorney General concedes the above charge is erroneous and in conflict with State v. Jones, 254 N.C. 351 , 118 S.E. 2d 908 ; State v. Gibson, 245 N.C. 71 , 95 S.E. 2d 125 ; State v. Hayden, supra; State v. Cook, 207 N. 1962The defendant also assigns as error this instruction to the jury: “Now, the Court instructs you that if you answer the first issue yes and the second issue yes and upon a consideration of the third issue if you find the facts to be as all the evidence tends to show it would 655 be your duty to answer the third issue yes also; if you fail to so find you would answer it no.” The Attorney General concedes the above charge is erroneous and in conflict with State v. Jones, 254 N.C. 351 , 118 S.E. 2d 908 ; State v. Gibson, 245 N.C. 71 , 95 S.E. 2d 125 ; State v. Hayden, supra; State v. Cook, 207 N.	1	1962–1962
State v. Jones neutral nc · 1961 2 sentences 1962The defendant also assigns as error this instruction to the jury: “Now, the Court instructs you that if you answer the first issue yes and the second issue yes and upon a consideration of the third issue if you find the facts to be as all the evidence tends to show it would 655 be your duty to answer the third issue yes also; if you fail to so find you would answer it no.” The Attorney General concedes the above charge is erroneous and in conflict with State v. Jones, 254 N.C. 351 , 118 S.E. 2d 908 ; State v. Gibson, 245 N.C. 71 , 95 S.E. 2d 125 ; State v. Hayden, supra; State v. Cook, 207 N. 1962The defendant also assigns as error this instruction to the jury: “Now, the Court instructs you that if you answer the first issue yes and the second issue yes and upon a consideration of the third issue if you find the facts to be as all the evidence tends to show it would 655 be your duty to answer the third issue yes also; if you fail to so find you would answer it no.” The Attorney General concedes the above charge is erroneous and in conflict with State v. Jones, 254 N.C. 351 , 118 S.E. 2d 908 ; State v. Gibson, 245 N.C. 71 , 95 S.E. 2d 125 ; State v. Hayden, supra; State v. Cook, 207 N.	1	1962–1962
Garner v. Pittman green nc · 1953 2 sentences 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases. 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases.	1	1958–1958
Edwards v. Vaughn neutral nc · 1953 2 sentences 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases. 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases.	1	1958–1958
Reeves v. . Staley green nc · 1942 2 sentences 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases. 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases.	1	1958–1958
Matheny v. Central Motor Lines, Inc. green nc · 1951 2 sentences 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases. 1958She is relying upon Edwards v. Vaughn, 238 N.C. 89 , 76 S.E. 2d 359 ; Garner v. Pittman, 237 N.C. 328 , 75 S.E. 2d 111 ; Matheny v. Motor Lines, 233 N.C. 673 , 65 S.E. 2d 361 ; Reeves v. Staley, 220 N.C. 573 , 18 S.E. 2d 239 , and similar cases.	1	1958–1958
State v. Herbin green nc · 1950 2 sentences 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 . 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 .	1	1956–1956
State v. Ardrey green nc · 1950 2 sentences 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 . 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 .	1	1956–1956
Mallard v. Mallard green nc · 1951 2 sentences 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 . 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 .	1	1956–1956
State v. Sherian green nc · 1951 2 sentences 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 . 1956Mallard v. Mallard, 234 N.C. 654 , 68 S.E.2d 247 ; State v. Sherian, 234 N.C. 30 , 65 S.E.2d 331 ; State v. Ardrey, 232 N.C. 721 , 62 S.E.2d 53 ; State v. Herbin, 232 N.C. 318 , 59 S.E.2d 635 ; State v. Sutton, 230 N.C. 244 , 52 S.E.2d 921 .	1	1956–1956
State v. . Britt green nc · 1945 2 sentences 1952State v. Britt, 225 N.C. 364 , 34 S.E.2d 408 ; State v. Sutton, 230 N.C. 244 , 52 S.E. 2d 921 . 1952State v. Britt, 225 N.C. 364 , 34 S.E.2d 408 ; State v. Sutton, 230 N.C. 244 , 52 S.E. 2d 921 .	1	1952–1952
State v. . Flinchem neutral nc · 1947 2 sentences 1949The defendant also assigns error in the denial of his motion in arrest of judgment on the charge of reckless driving; He presents the view that the charge is insufficiently alleged in the warrant, and that the court in his charge thereon did not apply the law to the facts (S. v. Flinchem, 228 N.C. 149 , 44 S.E. 2d 724 .) However, if there be error in these respects, which is hot conceded, the defendant could derive no benefit in view of his conviction on other counts properly determined. 1949The defendant also assigns error in the denial of his motion in arrest of judgment on the charge of reckless driving; He presents the view that the charge is insufficiently alleged in the warrant, and that the court in his charge thereon did not apply the law to the facts (S. v. Flinchem, 228 N.C. 149 , 44 S.E. 2d 724 .) However, if there be error in these respects, which is hot conceded, the defendant could derive no benefit in view of his conviction on other counts properly determined.	1	1949–1949
King v. Hobbs. neutral nc · 1905 1 sentence 1936King v. Hobbs, 139 N. C., 170 . *492 The defendant also assigns as error the ruling of the court in denying its motion for judgment as in case of nonsuit upon the ground that the evidence showed that the deed in question bad been of record since 1907, and that such registration was notice to the plaintiffs of the provisions of the deed, and for this reason the plaintiffs’ alleged cause of action was barred by the three-year statute of limitations.	1	1936–1936

Where else courts name it

CT 16 (1926–1980) NC 14 (1936–1989) MA 6 (1965–2015) WV 3 (1975–1989) RI 3 (1988–2012) IL 3 (1968–1990) OR 3 (1964–1976) NY 2 (1986–1993) AR 2 (1915–1917) LA 2 (1990–2016) AZ 2 (1965–1965)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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