# State v. Casey

> Supreme Court of North Carolina · November 10, 1931 · 201 N.C. 620

URL: https://www.frixlaw.com/law-library/cases/6697400

## Case

- **Full name:** STATE v. HERMAN CASEY
- **Court:** Supreme Court of North Carolina
- **Decided:** November 10, 1931
- **Citations:** 201 N.C. 620
- **Precedential status:** Published
- **Opinion:** Concurrence by Beooden
- **Judges:** Adams, Beooden, Clabksok, Stacy
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6697400

## Opinion text

BeoodeN, J.,
concurring: I concur in the opinion of the Court. It seems to be conceded that the courts have power to rehear causes and to entertain motions for newly discovered evidence where a nickel’s worth of property was concerned, but that the same courts, under the same constitutional provision, are powerless and impotent where life is concerned. I concede further that we have many decisions and promulgated rules preventing the courts from entertaining motions for new trials for newly discovered evidence or petitions to rehear in criminal cases. All of these decisions and rules are directly in defiance of the Constitution and are judge-made in their entirety. If the Constitution is inadequate, then it should be changed in pursuance of the prescribed method and not by bare judicial decree.
Furthermore, if the courts have power to hear in misdemeanors, but no power to hear in capital felonies, then it is manifest that criminal procedure is more concerned with the mote than the beam.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6697400. Public record. Not legal advice.