State v. . Carter
Supreme Court of North Carolina
Indictment — Murder. This was an Indictment against Allen Carter for the murder of Bushrod W. Lilly, removed from Stanly county, and tried before Furches, X, at Fall Term, 1870, of Richmond Superior Court.
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Indictment — Murder. This was an Indictment against Allen Carter for the murder of Bushrod W. Lilly, removed from Stanly county, and tried before Furches, X, at Fall Term, 1870, of Richmond Superior Court. The State proved, among other 'things, that about three months before the homicide, the prisoner said, in the absence of the deceased, that he would kill him for talking about him; that on the occasion of the homicide, the prisoner came to the house of the deceased, and after the usual salutations, said, “ I understand you accuse my boys of killing a hog.” The deceased replied that he did,…
1Opinion of the CourtReade, J.
There was evidence tending to show, that the deceased had, a considerable time before the homicide, been talking about the sons of the prisoner ; charging that they killed a hog, (whether it amounted to a charge of larceny does not appear,) and that (he prisoner, in the absence of the deceased, had said that he would kill him if he did not quit talking about it. If that testimony was true, then there was express malice ; and it would be a clear case of murder. Rut leave out that feature of the case, and then the facts are, that the prisoner went near the house of the deceased and asked the…
2Cited by3 opinions
- State v. . EstesSupreme Court of North Carolina · 1923
- State v. . HillSupreme Court of North Carolina · 1838
- State v. . McNeillSupreme Court of North Carolina · 1885