Legal Opinion

State v. English

Supreme Court of North Carolina

Decided November 26, 1913PublishedCited by 34 opinions

' Appeal by defendant from Long, J., at July Term, 1913, of RANDOLPH. . Tbe defendant was indicted in tbe Superior Court of .Randolph County for tbe murder of John M. Armstrong, the. homicide having been committed on 24 March, 1913. The trial took place at July Term, 1913, when defendant was convicted of murder in the second degree, and was sentenced to imprisonment for twenty-five years.

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' Appeal by defendant from Long, J., at July Term, 1913, of RANDOLPH. . Tbe defendant was indicted in tbe Superior Court of .Randolph County for tbe murder of John M. Armstrong, the. homicide having been committed on 24 March, 1913. The trial took place at July Term, 1913, when defendant was convicted of murder in the second degree, and was sentenced to imprisonment for twenty-five years. The special nature of the defense is indicated by the following testimony, taken from the record: “On the trial, evidence was offered by the State showing that the defendant and the deceased were engaged in…

1Opinion of the CourtWalker, J.

Tbe prisoner noted several exceptions during tbe course of tbe trial, and we will now consider them in tbe order they are stated in tbe record.

*506Tbe first exception was taken to the ruling of the court refusing a motion for a continuance. The 'motion was heard upon affidavits, and it appears therefrom that it was made on the ground that the defendant was unable to procure the attendance of certain witnesses. A reading of the affidavits, and the circumstances attending the making of the motion and the ruling of the court thereon, show that there was no abuse of discretion. The granting of a…

2Cases cited26 opinions

  1. State v. . MurphySupreme Court of North Carolina · 1911
  2. Burkhart v. GladishIndiana Supreme Court · 1890
  3. Bost v. . BostSupreme Court of North Carolina · 1882
  4. Barnhardt v. . SmithSupreme Court of North Carolina · 1882
  5. State v. . HensleySupreme Court of North Carolina · 1886

21 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. State v. PropstSupreme Court of North Carolina · 1968
  2. State v. BaldwinSupreme Court of North Carolina · 1970
  3. State v. . EmerySupreme Court of North Carolina · 1944
  4. State v. AllredSupreme Court of North Carolina · 1969
  5. State v. FowlerSupreme Court of North Carolina · 1974

29 more not listed; retrieve them via the Exa API.

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