State v. . Banks
Supreme Court of North Carolina
INDICTMENT for the murder of one Frank McMillan, tried before bis Honor, Wcut'd, J., and a jury, at May Term, 1906, Superior Court of Ashe County. There was verdict of guilty of murder -in the first degree, and from sentence thereon defendant apealed to the Supreme Court.
1Opinion of the CourtIIoKE, J.
We have given the record and the exceptions noted our most careful consideration, and we find no error which entitles the prisoner to a new trial.
The objections urged upon our attention by counsel are that the Judge declined to charge as requested:
First. That there -was no evidence of a deliberate and premeditated murder, and, therefore, a verdict of murder in the first degree should not be rendered.
Second. That to constitute murder in the first degree, there must exist, on the part of the -slayer toward the deceased, expressed malice; and that in order to convict defendant of murder in the…
2Cases cited7 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. FosterSupreme Court of North Carolina · 1902
- State v. . ThomasSupreme Court of North Carolina · 1896
- State v. . DowdenSupreme Court of North Carolina · 1896
- State v. Spivey.Supreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. FoustSupreme Court of North Carolina · 1963
- State v. . BensonSupreme Court of North Carolina · 1922
- State v. PropstSupreme Court of North Carolina · 1968
- State v. . SpiveySupreme Court of North Carolina · 1909
- State v. . MurphySupreme Court of North Carolina · 1911
37 more not listed; retrieve them via the Exa API.