State v. . Slagle
Supreme Court of North Carolina
Appeal by defendants from McElroy, J., at March Term, 1921, of BuNcombe. The defendants were convicted of murder in the second' degree at March Term, 1921, of Buncombe Superior Court, and from the judgment upon such conviction, appealed to this Court. The State’s evidence tended to show that Luther Merrill left his home, eleven miles from Asheville, in Buncombe County, about two o’clock in the afternoon of Monday, 31 January, 1921, in the company of defendant Sol Slagle.
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Appeal by defendants from McElroy, J., at March Term, 1921, of BuNcombe. The defendants were convicted of murder in the second' degree at March Term, 1921, of Buncombe Superior Court, and from the judgment upon such conviction, appealed to this Court. The State’s evidence tended to show that Luther Merrill left his home, eleven miles from Asheville, in Buncombe County, about two o’clock in the afternoon of Monday, 31 January, 1921, in the company of defendant Sol Slagle. His wife saw him no more until she was taken to the place, where his dead body was, on Wednesday afternoon, 2 February,…
1Opinion of the Court
Walkee, J.,
after stating tbe case: The theory of the State was, that Sol and Latt Slagle killed Luther Merrill at the still and then carried his body to the wagon at the road and thence to the place where it was found on the following Wednesday. With plain and direct evidence of this sort, as to the actual killing of the deceased by the defendants, Sol and Latt, there can certainly be no” foundation for defendant’s Exceptions 5 and 7, to the judge’s refusal to give judgment as of nonsuit against the State, at the conclusion of the State’s testimony, and again, at the conclusion of all the…
2Cases cited1 opinion
- Henderson Water Co. v. Trustees of Henderson Graded SchoolsSupreme Court of North Carolina · 1909
3Cited by6 opinions
- State v. SimpsonSupreme Court of North Carolina · 1951
- State v. MangumSupreme Court of North Carolina · 1957
- State v. McNeillSupreme Court of North Carolina · 1950
- State v. McBrydeSupreme Court of North Carolina · 1967
- State v. WagstaffSupreme Court of North Carolina · 1952
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