State v. . Kennedy
Supreme Court of North Carolina
INDICTMENT for murder tried at Spring Term, 1883, of Lenoir Superior Court before McKoy, J. The writ of certiorari is ordered by this court to obtain a statement of facts upon which the charge of the presiding judge was based.
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INDICTMENT for murder tried at Spring Term, 1883, of Lenoir Superior Court before McKoy, J. The writ of certiorari is ordered by this court to obtain a statement of facts upon which the charge of the presiding judge was based. The case sent up states there was no exception to the rulings upon the evidence or to the charge to the jury; that the jury, after being out some time, came into court, and, upon being asked if they had agreed upon a verdict, said they had not; and one of the jury, in presence of the prisoner and his counsel and in open court, asked “how far would a man have to run in…
1Opinion of the CourtMekrimoN, J.
At the trial, the jury having retired and considered of their verdict, returned and propounded to the court this inquiry: “How far would a man have to run in the street before he would be pressed to the wall?”.
The court, in reply to this inquiry, after stating, so far as the record shows, several general abstract views of law, to which no exception was taken by the prisoner, said: “But if so situated that he could escape, but he preferred to shoot rather than escape, theu he would be at least guil;ty of manslaughter.”
None of the evidence received on the trial has been sent to this court. We…
2Cases cited3 opinions
- State v. . DunlopSupreme Court of North Carolina · 1871
- State v. . JonesSupreme Court of North Carolina · 1882
- State v. . RandallSupreme Court of North Carolina · 1883
3Cited by2 opinions
- Broadwell v. . RaySupreme Court of North Carolina · 1892
- State v. . HillSupreme Court of North Carolina · 1900