State v. Roberson
Supreme Court of North Carolina
INDICTMENT for tbe murder of Charles Whichard, tried at September Term, 1908, of the Superior Court of Martin, before . W. R. Allen, J. The prisoner was convicted of the capital felony, and from the judgment of the court appealed. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the CourtBrown, J.
1. The most important contention made by the prisoner upon this appeal is that there is no evidence of a premeditated and deliberate homicide.
The prisoner having admitted that he slew the deceased with a pistol, the law presumes malice, but nevertheless places the burden on the State to fully satisfy the jury that it was deliberately and premeditatedly done to justify a conviction of murder in the first degree.
The State examined several witnesses, whose testimony, set out fully in the record, tends strongly to prove that the prisoner and Will Roberson had been employed by deceased, -and that…
2Cases cited9 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. Teachey.Supreme Court of North Carolina · 1905
- State v. . BookerSupreme Court of North Carolina · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. BuchananSupreme Court of North Carolina · 1975
- State v. . BrinkleySupreme Court of North Carolina · 1922
- State v. BrinkleySupreme Court of North Carolina · 1922
- State v. JohnsonSupreme Court of North Carolina · 1916
- State v. . JohnsonSupreme Court of North Carolina · 1916
1 more not listed; retrieve them via the Exa API.