State v. Tilghman
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Craven County, at the Fall Term 1850, his Honor Judge Ellis presiding. The defendant was tried for murder, upon the following indictment, to wit: State op North CaRolina, ? Superior Court of Law, Lenoir County, $ Fall Term 1849. The Jurors for the State upon their oath present, that John Tilghman, late of the County of Lenoir, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on…
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Appeal from the Superior Court of Law of Craven County, at the Fall Term 1850, his Honor Judge Ellis presiding. The defendant was tried for murder, upon the following indictment, to wit: State op North CaRolina, ? Superior Court of Law, Lenoir County, $ Fall Term 1849. The Jurors for the State upon their oath present, that John Tilghman, late of the County of Lenoir, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the fifteenth day of August in the year of our Lord one thousand eight hundred and fifty, with force and arms, at and in…
1Opinion of the CourtPearson, J.
We have considered the several questions presented by the case as made up by his Honor, and have come to the conclusion that there is no error.
The first exception is untenable. The condition of the deceased was such as to make his declarations, competent evidence, as “dying declarations.” It is not necessary, that the person should be in articulo mortis, (the very act’ of dying ;) it is sufficient if he be under the apprehension ! of impending dissolution ; when all motive for concealment or falsehood is presumed to be absent, and the party is in a position as solemn, as if an oath had been…
2Cited by7 opinions
- Lewis v. . FountainSupreme Court of North Carolina · 1915
- State v. . FullerSupreme Court of North Carolina · 1894
- Settee v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1915
- State v. . TrullSupreme Court of North Carolina · 1915
- State v. MoyeCourt of Appeals of North Carolina · 1971
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