State v. Greer
Supreme Court of North Carolina
Appeal by defendants from O. H. Allen, J., at October Term,' 1912, of Forsyth. The defendants, "Wattie Greer and Wallace Greer, were indicted for the murder of one Will Finney, and from' judgments rendered on a verdict of manslaughter, they appealed.
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Appeal by defendants from O. H. Allen, J., at October Term,' 1912, of Forsyth. The defendants, "Wattie Greer and Wallace Greer, were indicted for the murder of one Will Finney, and from' judgments rendered on a verdict of manslaughter, they appealed. The first witness for the State, Delia Causer, testified as follows: “I live on Bath Street in Winston, and in the afternoon of the day when Will Finney was killed, I saw for the first time in my life Will Finney and Wattie Greer. They passed right up side of my house. They were coming up the street, both of them cursing each other. Will Finney…
1Opinion of the CourtAllen, J.
It will be noted that while the abstract proposition as to the right to prevent the commission of a felony is stated in the instructions prayed for, when it is attempted to apply the law to. the facts several alternative propositions arc stated, as “to prevent the destruction of life,” or “the commission of a felony,” or “the infliction of great bodily harm upon Wattie Greer.”
The presiding judge is not required to dissect a prayer for instruction, but may consider it as a whole (Harris v. R. R 132 N. C., 164), and neither of those requested could have been given unless Wallace Greer had the…
2Cases cited12 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . CoxSupreme Court of North Carolina · 1910
- State v. . KendallSupreme Court of North Carolina · 1907
- Stanley v. CommonwealthCourt of Appeals of Kentucky · 1887
- Wood v. StateSupreme Court of Alabama · 1900
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3Cited by4 opinions
- State v. OchoaNew Mexico Supreme Court · 1937
- Apodaca v. ViramontesNew Mexico Supreme Court · 1949
- State v. . FinleySupreme Court of North Carolina · 1896
- State v. CloudSupreme Court of North Carolina · 1961