Wake County NcArchives Court.....B. J. Robinson, State V. 1899
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 12, 2011, 1:30 pm

Source: N C Reports
Written: 1899

State v. B. J. Robinson

(Decided March 14, 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 
NC, 958) construed accordingly.

Indictment for assault and battery, tried before Bryan, J., at September Term, 
1898, of Wake Superior Court.

Defendant and Eliza Wood were indicted for assault and battery on Laura 
Robinson. Eliza Ward introducted 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. 
Defendand excepted.

Verdict of guilty. Judgment and appeal.

Messrs. Zeb. V. Walser, Attorney General, and Douglass & Simms for the State
No counsel contra

NC Supreme Court Justice Faircloth, C. J. - The defendant and Eliza Wood 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 NC, 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 NC, 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.

Affirmed.

Additional Comments:
In the NC Supreme Court February Term 1899

File at: http://files.usgwarchives.net/nc/wake/court/bjrobins2134gwl.txt

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