State v. Trollinger
Supreme Court of North Carolina
. Appeal by defendant from Peebles, J., at March Term, 1913, of Alamance. Indictment for murder. The testimony on the part of the State tended to show that on 18 January, 1913, Nash Lane was killed by a discharge of a pistol in. the hands of the prisoner and under circumstances as follows: Bob Tarpley, for the State, testified: “That he was 5 to 10 feet behind a group of persons, seven in number, in which were included the deceased and the defendant.
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. Appeal by defendant from Peebles, J., at March Term, 1913, of Alamance. Indictment for murder. The testimony on the part of the State tended to show that on 18 January, 1913, Nash Lane was killed by a discharge of a pistol in. the hands of the prisoner and under circumstances as follows: Bob Tarpley, for the State, testified: “That he was 5 to 10 feet behind a group of persons, seven in number, in which were included the deceased and the defendant. That he heard the crowd talking and laughing. Heard a pistol shot, and heard a person named Trollinger (not defendant) say, ‘You shot that boy!’…
1Opinion of the CourtHoke, J.
On the facts as they now appear of record, this case, in our opinion, is controlled by that of S. v. Limerick, reported in 146 N. C., 649. In Limerick's case the only eye witness -of the homicide testified in effect that deceased and defendant prisoner, two young boys, good friends, were coming through a field, and deceased had a gun. That witness heard one say to the other, “I will shoot you”; the other replied, “No, I will shoot you”; they were laughing. Witness turned around, and, as he did so, the gun fired and deceased fell. That prisoner held the gun when it fired. They were standing…
2Cases cited5 opinions
- State v. Horton.Supreme Court of North Carolina · 1905
- State v. Turnage.Supreme Court of North Carolina · 1905
- Bush v. LisleCourt of Appeals of Kentucky · 1889
- State v. . LimerickSupreme Court of North Carolina · 1908
- State v. . StittSupreme Court of North Carolina · 1908
3Cited by14 opinions
- State v. FoustSupreme Court of North Carolina · 1963
- State v. . CopeSupreme Court of North Carolina · 1933
- State v. BrooksSupreme Court of North Carolina · 1963
- State v. PhillipsSupreme Court of North Carolina · 1965
- State v. WestonSupreme Court of North Carolina · 1968
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