Legal Opinion

State v. . Garrett

Supreme Court of North Carolina

Decided June 5, 1863PublishedCited by 23 opinions

This was an indictment for murder, tried before Saueders, . J'., at the Ball Term, 1862; of Buncombe Superior Court. The defendant, William B- Garrett, and the other defendants, ten in number, were p-ut upon-their trial for the -murdbr-' of Uriah G. Burns.

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This was an indictment for murder, tried before Saueders, . J'., at the Ball Term, 1862; of Buncombe Superior Court. The defendant, William B- Garrett, and the other defendants, ten in number, were p-ut upon-their trial for the -murdbr-' of Uriah G. Burns. Mwah Burns, the widow of the-deceased; was sworn on behalf of the State; and testified that on Tuesday, 2nd of June,,. 1862, Garrett came-to the other side of the creek-near where; she lived ; that her husband had gone into his field with his gun ; that she heard Garrett call to him and tell him he had a warrant against him ; that deceased…

1Opinion of the CourtPeaesoN, C. J.

His Honor charged “ the warrants in this case, being for a misdemeanor, and.not for felony, gave the prisoner, Garrett, no authority, or any of his numerous guard of 18 men, all armed, to take away life, by the use of a deadly weapon, in order to execute his warrants.” We do not concur iu the proposition of law, which his Honor here lays down ; on the contrary, after mature reflection, we are satisfied, not only that it is erroneous, but would make the due administration of the law impracticable.

These facts are not controverted: State’s warrants and peace warrants had been duly issued against…

2Cited by23 opinions

  1. State v. . MillerSupreme Court of North Carolina · 1929
  2. State v. . DunningSupreme Court of North Carolina · 1919
  3. State v. . EstesSupreme Court of North Carolina · 1923
  4. Holloway v. . MoserSupreme Court of North Carolina · 1927
  5. Rosa Carter, Administratrix of the Estate of Adrian Miles Carter, Deceased, Cross-Appellee v. City of Chattanooga, Tennessee, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1988

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