violent presumption (North Carolina) · Go Syfert
← North Carolina issues

violent presumption in North Carolina

6 North Carolina opinions name it 1 courts 1909–1986 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 (2)

CaseFollowedCited
Sylvester v. Stategreen
· 1881 · cited in 1 North Carolina opinions naming this issue, 1986–1986
2 sentences

1986Other courts, using a similar test, look to the crime to determine whether it "shows such depravity in the perpetrator ... as to create a violent presumption against his truthfulness under oath." King v. State, 17 Fla. 183, 185-86 (1879); see Sylvester v. State, 71 Ala. 17 (1881) (citing 1 Bishop on Criminal Law § 974 (1923)); Smith v. State, 129 Ala. 89 , 29 So. 699 (1900).

1986Other courts, using a similar test, look to the crime to determine whether it “shows such depravity in the perpetrator ... as to create a violent presumption against his truthfulness under oath.” King v. State, 17 Fla. 183, 185-86 (1879); see Sylvester v. State, 71 Ala. 17 (1881) (citing 1 Bishop on Criminal Law § 974 (1923)); Smith v. State, 129 Ala. 89 , 29 So. 699 (1900).

11
King v. Stategreen
fla · 1879 · cited in 1 North Carolina opinions naming this issue, 1986–1986
2 sentences

1986Other courts, using a similar test, look to the crime to determine whether it "shows such depravity in the perpetrator ... as to create a violent presumption against his truthfulness under oath." King v. State, 17 Fla. 183, 185-86 (1879); see Sylvester v. State, 71 Ala. 17 (1881) (citing 1 Bishop on Criminal Law § 974 (1923)); Smith v. State, 129 Ala. 89 , 29 So. 699 (1900).

1986Other courts, using a similar test, look to the crime to determine whether it “shows such depravity in the perpetrator ... as to create a violent presumption against his truthfulness under oath.” King v. State, 17 Fla. 183, 185-86 (1879); see Sylvester v. State, 71 Ala. 17 (1881) (citing 1 Bishop on Criminal Law § 974 (1923)); Smith v. State, 129 Ala. 89 , 29 So. 699 (1900).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Whithlaw's Ex'or v. Sims green
va · 1894
2 sentences

1918The Court of Appeals of Virginia declares: 'When a will executed by an old man differs from his previously expressed intentions and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of undue influence wbicb should be overcome by satisfactory testimony.’ Hartman v. Strickler, 82 Va., 238 ; Whitelaw v. Sims, 90 Va., 588 ; 1 Jarman Wills, 71, 72.

1918The Court of Appeals of Virginia declares: `When a will executed by an old man differs from his previously expressed intentions and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of undue influence *Page 678 which should be overcome by satisfactory testimony.' Hartman v. Strickler , 82 Va. 238 ; Whitelaw v. Sims , 90 Va. 588 ; 1 Jarman Wills, 71, 72.

31910–1918
Grievance Committee of the Hartford County Bar v. Broder green
conn · 1930
2 sentences

1986As the court stated in Grievance Committee v. Broder, 112 Conn. 269, 275 , 152 A. 292 , 294 (1930): In Drazen v. New Haven Taxicab Co., 95 Conn. 500, 506, 508 , 111 Atl. 861 , we define infamous crimes to be those "whose commission involves an inherent baseness and which are in conflict with those moral attributes upon which the relations of life are based....

1986As the court stated in Grievance Committee v. Broder, 112 Conn. 269, 275 , 152 A. 292 , 294 (1930): In Drazen v. New Haven Taxicab Co., 95 Conn. 500, 506, 508 , 111 Atl. 861 , we define infamous crimes to be those "whose commission involves an inherent baseness and which are in conflict with those moral attributes upon which the relations of life are based....

11986–1986
Drazen v. New Haven Taxicab Co. green
conn · 1920
2 sentences

1986As the court stated in Grievance Committee v. Broder, 112 Conn. 269, 275 , 152 A. 292 , 294 (1930): In Drazen v. New Haven Taxicab Co., 95 Conn. 500, 506, 508 , 111 Atl. 861 , we define infamous crimes to be those "whose commission involves an inherent baseness and which are in conflict with those moral attributes upon which the relations of life are based....

1986As the court stated in Grievance Committee v. Broder, 112 Conn. 269, 275 , 152 A. 292 , 294 (1930): In Drazen v. New Haven Taxicab Co., 95 Conn. 500, 506, 508 , 111 Atl. 861 , we define infamous crimes to be those "whose commission involves an inherent baseness and which are in conflict with those moral attributes upon which the relations of life are based....

11986–1986
Smith v. State green
ala · 1900
2 sentences

1986Other courts, using a similar test, look to the crime to determine whether it "shows such depravity in the perpetrator ... as to create a violent presumption against his truthfulness under oath." King v. State, 17 Fla. 183, 185-86 (1879); see Sylvester v. State, 71 Ala. 17 (1881) (citing 1 Bishop on Criminal Law § 974 (1923)); Smith v. State, 129 Ala. 89 , 29 So. 699 (1900).

1986Other courts, using a similar test, look to the crime to determine whether it “shows such depravity in the perpetrator ... as to create a violent presumption against his truthfulness under oath.” King v. State, 17 Fla. 183, 185-86 (1879); see Sylvester v. State, 71 Ala. 17 (1881) (citing 1 Bishop on Criminal Law § 974 (1923)); Smith v. State, 129 Ala. 89 , 29 So. 699 (1900).

11986–1986
Galbraith v. . Whyte green
ncsuperct · 1797
2 sentences

1986In State v. Adams, 2 N.C. (1 Hayw.) 464 (1797), we find this language: When a horse is stolen, and is found in possession of a man at such a distance from the place where the horse was missing in so short a time after as shows he must have come directly from that place, and without any loss of time, that is such evidence as a jury may infer the guilt of the prisoner upon, as it raises a violent presumption against him that he was the taker.

1986In State v. Adams, 2 N.C. (1 Hayw.) 464 (1797), we find this language: When a horse is stolen, and is found in possession of a man at such a distance from the place where the horse was missing in so short a time after as shows he must have come directly from that place, and without any loss of time, that is such evidence as a jury may infer the guilt of the prisoner upon, as it raises a violent presumption against him that he was the taker.

11986–1986
State v. . McRae neutral
nc · 1897
1 sentence

1909But possession of stolen goods some time after tbe larceny raises a probable presumption of‘guilt, and tbe question must be submitted to the jury.” State v. Jennett, 88 N. C., 665 ; State v. McRea, 120 N. C., 608 ; State v. Hullen, 133 N. C., 656 .

11909–1909
State v. . Jennett neutral
nc · 1883
1 sentence

1909But possession of stolen goods some time after tbe larceny raises a probable presumption of‘guilt, and tbe question must be submitted to the jury.” State v. Jennett, 88 N. C., 665 ; State v. McRea, 120 N. C., 608 ; State v. Hullen, 133 N. C., 656 .

11909–1909
State v. Hullen. green
nc · 1903
1 sentence

1909But possession of stolen goods some time after tbe larceny raises a probable presumption of‘guilt, and tbe question must be submitted to the jury.” State v. Jennett, 88 N. C., 665 ; State v. McRea, 120 N. C., 608 ; State v. Hullen, 133 N. C., 656 .

11909–1909

Where else courts name it

IN 8 (1885–1972) AL 6 (1894–2018) VA 6 (1885–2015) NC 6 (1909–1986) MO 6 (1903–1975) LA 5 (1848–1970) NY 4 (1881–1985) PA 3 (1838–1912) UT 2 (1894–1936) WI 2 (1891–1896) MD 2 (1968–1986) IL 2 (1898–1967) FL 2 (1934–1962) WV 2 (1892–1895) GA 2 (1976–1997)

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.

← Caselaw search · G Cite Topics · Brief Check