State v. . Kennedy
Supreme Court of North Carolina
Appeal by defendant from Peebles, J.; at September Term, 1914, of CRAVEN. Tbe prisoner, Clyde Kennedy, was indicted.in tbe court below, witb Alexander Curtis and Sidney Gautier, for tbe murder of E. ~W. Sar-landt, and all were convicted of murder in tbe second degree. Tbe court charged tbe jury, among other things, that there was no evidence of manslaughter in tbe case.
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Appeal by defendant from Peebles, J.; at September Term, 1914, of CRAVEN. Tbe prisoner, Clyde Kennedy, was indicted.in tbe court below, witb Alexander Curtis and Sidney Gautier, for tbe murder of E. ~W. Sar-landt, and all were convicted of murder in tbe second degree. Tbe court charged tbe jury, among other things, that there was no evidence of manslaughter in tbe case. In this connection it becomes necessary, and will suffice, to state only a part of tbe prisoner’s own testimony, which is as follows: “I was sitting witb my bat in my bands in this position, and be walked up and said, ‘Your…
1Opinion of the Court
Walker, J.,
after stating the ease: We have not deemed it necessary to set out the entire evidence, but only so much as will present the merits of the exception taken to the charge of the court in regard to manslaughter, which, in our opinion, should be sustained. There was evidence in the case of murder in the first degree, murder in the second degree, manslaughter, and self-defense, and the court should have instructed the jury as to each offense and explained the law arising upon the evidence as properly applicable to each. As the judge excluded manslaughter from the case, the prisoner is…
2Cases cited15 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. . BaldwinSupreme Court of North Carolina · 1910
- State v. . SmithSupreme Court of North Carolina · 1877
- State v. . ChavisSupreme Court of North Carolina · 1879
- State v. . MillerSupreme Court of North Carolina · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. MerrickSupreme Court of North Carolina · 1916
- State v. . HightowerSupreme Court of North Carolina · 1946
- State v. SuddrethSupreme Court of North Carolina · 1949
- State v. . BurneySupreme Court of North Carolina · 1939
9 more not listed; retrieve them via the Exa API.