{
  "id": 8686181,
  "name": "STATE v. C. D. BUTNER",
  "name_abbreviation": "State v. Butner",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "118",
  "last_page": "120",
  "citations": [
    {
      "type": "official",
      "cite": "76 N.C. 118"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2646,
    "ocr_confidence": 0.416,
    "sha256": "cd6b01511dae08871d3105018b4855af1a6e348c505cd0d4171b7711b7831882",
    "simhash": "1:4426314cc748d2e0",
    "word_count": 469
  },
  "last_updated": "2023-07-14T21:21:57.000998+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. C. D. BUTNER."
    ],
    "opinions": [
      {
        "text": "Reade, J.\nThe defendant and a woman were indicted for fornication and adultery ; and there was evidence, that in a playful scuffle between them, in the presence of the defendant\u2019s wife and others, the woman fell or was pulled into the lap of the defendant. And the Solicitor for the State insisted in his argument to the jury, that such familiarity was evidence of guilt; and indeed, that the impropriety was so great, that if it had been in refined society and the female had had a proper \u201cavenger,\u201d it would have put the defendant\u2019s life in jeopardy. To this the defendant\u2019s counsel replied, that while that might be so in high life, yet such acts of familiarity were common in that section among plain people, such as the defendants were, and that they were regarded as \u201cinnocent sport.\u201d That is what we understand the counsel said, substantially.\nAfter reciting what the counsel on both sides had said as above, His Honor said to the jury, \u201c It is for you, gentlemen of the jury, to say if such acts are usual here.\u201d\nThe defendant insists that thereby His Honor intimated to the jury his opinion upon, the facts, in violation of the statute of 1796.\nNow we can conceive how, by emphasis, tone and manner, ITis Honor might have expressed his indignation and horror at what was said by the defendant\u2019s counsel and his strong sympathy with what was said by the Solicitor, by the language which he used, just as well as if he had said, \u201cIt is for you to say, gentlemen of the jury, whether it is possible' for such acts of familiarity to be usual among any virtuous people, and whether they are not the clearest proof of the guilt of the defendant.\u201d\nBut there is no allegation that there was anything in Ilis Honor\u2019s emphasis, tone or manner to impress upon his words any other than their recognized signification. And it is certainly not our duty or our pleasure, by a strained construction of his language, to put His Honor in fault.\nThere is no error. This will bo certified, &c.\nPee Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "Reade, J."
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "Mr. J. M. McCorkle, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. C. D. BUTNER.\nCharge to Jury \u2014 Manner of.\nIn a charge to a jury, where there is no allegation that the emphasis, tone ormanner of the Judge impressed his words with any other than their recognized signification ; Held, not to be error.\nINDICTMENT, for Fornication and Adultery, tried at Fall Term, 1876, of Yadkin Superior Court, before Kerr, J.\nThe facts in the case and the exception to His Honor\u2019s charge to the jury, are sufficiently stated in the opinion of this Court. There was a verdict of guilty and judgment,, from which the defendant appealed.\nAttorney General, for the State.\nMr. J. M. McCorkle, for defendant."
  },
  "file_name": "0118-01",
  "first_page_order": 130,
  "last_page_order": 132
}