Legal Opinion

State v. . Brewer

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 6 opinions

This was an INDICTMENT for murder, tried before PhilU/ps, Judge, at March Term, 1887, of Oeange Superior Court. The prisoners were convicted of manslaughter, and from the judgment thereon appealed.

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This was an INDICTMENT for murder, tried before PhilU/ps, Judge, at March Term, 1887, of Oeange Superior Court. The prisoners were convicted of manslaughter, and from the judgment thereon appealed. The State examined W. J. Fleming as a witness, who tes-fied in substance, as follows: I am a student at the University; was there 9th of October; knew Jacob A. Frieze, the deceased; first met Pat Brewer that night at the house of Jack Barbee; met Morris (wh.o is not a student) at rock wall at Campus gate; Marshall was with me; Morris was drunk; Marshall and I went with Morris to take him home;…

1Opinion of the CourtMerrimoN, J.

After the appeal in this case had been docketed,' called regularly for argument and argued, and the Court had considered of the errors assigned, two of the appellants presented their application, signed by them respectively and approved by their counsel, asking that they be allowed to withdraw the appeal as to themselves, and their counsel submitted a motion to that effect, which the Attorney General opposed.

No cause is assigned in support of this motion; it seems to be expected that it will be granted as of course. This is' a misapprehension of the rule' applicable. The appellants having…

2Cases cited3 opinions

  1. State v. . WhitfieldSupreme Court of North Carolina · 1885
  2. State v. . LeakSupreme Court of North Carolina · 1884
  3. State v. . LeeSupreme Court of North Carolina · 1884

3Cited by6 opinions

  1. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
  2. State v. . BookerSupreme Court of North Carolina · 1898
  3. Seay v. CommonwealthSupreme Court of Virginia · 1931
  4. State v. HicksSupreme Court of North Carolina · 1902
  5. State v. . JacobsSupreme Court of North Carolina · 1890

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