16 S.E. 168 | N.C. | 1892
The jurors for the State upon their oaths present that John Taylor and Samuel Monroe, etc., with force and arms, etc., did unlawfully and willfully play at a game of chance, to wit, cards, at which money was bet, against the form of the statute, etc.
(681) The defendants were found guilty, and appealed from the judgment pronounced against them.
The courts take judicial notice of all matters occurring within their jurisdiction, which are of such general and public notoriety that every person of ordinary intelligence may be fairly presumed to know them. Brownv. Piper,
The testimony for the State tended to show that one of the defendants came into a wagon lot in the town of Rockingham, and said he could "beat any man a game of five up for twenty-five cents," and thereupon the two defendants began to shuffle and deal cards and to bet twenty-five cents on the game and to pass money from one to the other, until defendant Taylor rose from the ground where they were playing and walked off, when the other defendant said, "I have strapped him." It is not material that there was contradictory testimony, since the question submitted for our decision is whether the defendants were guilty, not in every, but in any, aspect of the evidence. Our case is easily distinguishable from those cited and relied on by the defendants. S. v.Bishop,
NO ERROR. *432