Page:The Green Bag (1889–1914), Volume 04.pdf/608

The Supreme Court of North Carolina.

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In State v. Overton, 77 N. C. 485, it is held the killing is proven or admitted, malice be ing implied, if the defendant fails to show any that a defendant in a criminal action has no matter of excuse or mitigation, it is not error constitutional right to be present in the Su to tell the jury thatif they believe the evidence preme Court on the argument of his appeal. it is their duty to find the defendant guilty State v. Hoskins, 77 N. C. 530, decides that of murder. People v. Staton, 73 N. C. 546, a revenue officer indicted for an offence decides that the clerk of a court appointed committed under color of his office has a by a defacto judge, who is himself afterwards right to remove the action into the Federal ousted by the courts, has a superior title to court. Perry v. Shepherd, 78 N. C. 83, dis cusses the writ of

one appointed by the Prohibition. State v. de jure judge after Driver, 78 N. C. 423, judgment in his favor discusses " excessive and entrance into of punishment," and is fice under it. In Lee a case that once at v. Dunn, 73 N. C. 595, tracted considerable it is held that a re attention. Holiday v. quirement that a sher McMillan, 79 N. C. iff shall produce a 315, considers the sep receipt for taxes be arate estates of mar fore induction into of ried women. In a fice for a second term "Note to the Profes is constitutional, and sion," 68 N. C. 133, imposes no additional Judge Reade recom qualification for office. mends sending up on Grady v. Comm'rs, 74 N. C. 101, held that appeal only so much of the record as is really the creation and al teration of townships necessary, and Pear was left with the leg son, C. J., does the same islature. State v. Mil in a note on page 166 ler, 75 N. C. 70, dis of the same volume. Judge Reade's first cusses the statute of wife was Miss Emily this State forbidding N. A. BOYDEN. Moore, of the family the judges of the trial of General Moore (of courts from limiting counsel as to the length of their speeches.1 Revolutionary fame) and of Bishop Moore. She died in 1871, and he subsequently 1 From the remotest time and in ail countries one of married Mrs. Mary E. Parmelee, widow of the recognized duties of the judge has been to economize the time of the courts in all proper respects including a Benjamin J. Parmelee, of Washington, N. C. due supervision of the length of argument by counsel. Judge Reade has no children by either mar Iowa and North Carolina are the only States which have departed from this rule by statutes which forbid the trial riage. He is a consistent member of the judge from limiting cither the number or length of Presbyterian church, which he joined early speeches. In Iowa a legal journal says (possibly jocu in life, and of which he has been a ruling larly) that when counsel begin the argument, the judge goes off to a game of billiards. It may be doubted if the pense of our courts without corresponding benefit. It is innovation has been of any good effect in North Carolina; certain that there is now greater opportunity for abuse, as for judges have never been prone to restrict argument un the lawyer is not responsible to the public for the conduct duly, while the existence of the power and duty, in proper of the court as the judge was! The statute, however, cases, to do so prevented abuse. The statute has been does not extend to the Supreme Court, which is protected thought by some to lengthen materially the terms and ex- by the Constitution from legislative interference.