Craven County NcArchives Court.....Hardy Jones, State V. 1873
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a November 13, 2011, 7:40 pm

Source: N C Reports
Written: 1873

State v. Hardy Jones

The opinion of an expert, as to cause of death, is competent evidence for the 
State.

Murder, tried before Clarke, J., at Craven Superior Court, Fall Term, 1872.

Upon the trial, one Brown, a Justice of the Peace, testified that Hardy Jones, 
the prisoner, was arrested for larceny and brought before him as a Justice of 
the Peace; that he examined the case and ordered him to give bond, &c. The 
prisoner ran off and escaped. In the absence of a regular constable, Brown 
deputized one John M. Thorpe to arrest Hardy Jones. Hardy Jones came to 
Brown's house and Thorpe arrested him there. Thorpe called on Robert Miller 
and Henry Bennett to assist him, and they, with the prisoner, started to 
Newbern.

John M. Thorpe testified that on the way, Robert Miller said he wanted to get 
water, and put his gun down and got down to drink. Hardy Jones grabbed the gun 
and said, "Now, now, now," three times; Miller caught the gun; Hardy Jones 
jerked it away, shot Robert Miller and ran off.

Doctor C. Duffy, Jr., testified that he saw Miller the day after he was 
wounded; that the gunshot wound caused his death; that the arm must have been 
bent and the gun in front. This evidence, as to the opinion of the physician, 
was objected to by prisoner's counsel but heard by the Court. Verdict, guilty. 
Rule &c. Judgment and appeal.

Haughton, for appellant
Attorney General Hargrove, contra

NC Supreme Court Justice Reade, J. - Thee was no exception to the charge of 
his Honor, which was clear, and in all respects just to the prisoner. And the 
record proper is sufficient in form and substance. The only point made was as 
to the competency of the opinion of the physician who was examined for the 
State, as to the cause of death of the deceased, and of his posture and 
position at the time he was shot. It was not denied that the opinion was 
competent as to the cause of death, but it was insisted that it was 
incompetent as to the posture and position. We suppose an expert might express 
an opinion of the posture and position from the range of the shot, and other 
circumstances; but, however that may be, it was in this case wholly immaterial 
and could not have done the prisoner injustice; and therefore it is no ground 
for a venire de novo.

There is no error
This will be certified
Per Curiam
Judgment accordingly

Additional Comments:
In the NC Supreme Court January Term 1873

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