The Laws And Jurisprudence of England And America : Being a Series of Lectures Delivered Before Yale University
The Laws And Jurisprudence of England And America : Being a Series of Lectures Delivered Before Yale University
Dillon, John Forrest, 1831-1914
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Code, 1888, p. 1392. North Carolina. — "No judge, in giving a charge, shall give an opinion whether a fact is fully or sufficiently proven, such matter being the true office and province of a jury ; but he shall state, in a plain and direct manner, the evidence in the case, and declare and explain the law arbing thereon." Battle's Revisal of 1873, p. 197, § 237. This law has been replaced by the following : " Section 414 (1885, c 137). Every judge at the request of any party to an action on tri...al, made at or before the close of the evidence, before instructing the jury on the law, shall put his instructions in writing, and read them to the jury ; he shall then sign and file them with the clerk as a part of the record of the action." Anno. Code, Civ. Pro., Clark, 1892, p. 396. Similar statutes exist in some of the other States. 128 LAIVS AND JURISPRUDENCE. Lecture IV. Province and duty of the judge (con- tinued). supreme tests of judicial capacity. But it is possible for the judge to show the jury their duty plainly, and yet not infringe upon their domain.
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