State v. . Johnson
Supreme Court of North Carolina
Appeal by defendant from Calvert, J., at tbe May Term, 1922, of Chatham. Tbe defendant was convicted of manslaughter, and from tbe judgment upon sucb conviction appealed to tbis Court. Tbe jury, in rendering tbe verdict of manslaughter, accompanied it witb a request tbat tbe judge should be lenient in bis punishment. Tbe judgment was tbat tbe defendant be confined in tbe State’s Prison for three years.
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Appeal by defendant from Calvert, J., at tbe May Term, 1922, of Chatham. Tbe defendant was convicted of manslaughter, and from tbe judgment upon sucb conviction appealed to tbis Court. Tbe jury, in rendering tbe verdict of manslaughter, accompanied it witb a request tbat tbe judge should be lenient in bis punishment. Tbe judgment was tbat tbe defendant be confined in tbe State’s Prison for three years. Exceptions 1 and 2 were addressed to the refusal of bis Honor to render judgment as of nonsuit at tbe end of tbe State’s evidence, and again at tbe end of all tbe evidence. Tbe State’s evidence…
1Opinion of the Court
"Walker, J.,
after stating the material facts: There would seem to be very slight evidence of the prisoner’s guilt, and yet there is sufficient to prevent a judgment of nonsuit, as a jury may find, from all the facts and circumstances, that the prisoner was not entirely blameless, or without any fault. And, besides, we could not nonsuit the State, because -there is some evidence for the jury in another view, for when there is a killing with a deadly weapon, as there was in this case, the law implies malice, and it is, at least, murder in the second degreé, and the burden then rests upon the…
2Cases cited5 opinions
- State v. Barrett.Supreme Court of North Carolina · 1903
- State v. . MatthewsSupreme Court of North Carolina · 1878
- State v. . NashSupreme Court of North Carolina · 1883
- State v. . PollardSupreme Court of North Carolina · 1914
- State v. BurneySupreme Court of North Carolina · 1913
3Cited by36 opinions
- State v. JenningsSupreme Court of North Carolina · 1970
- State v. FrizzelleSupreme Court of North Carolina · 1955
- State v. PearsonSupreme Court of North Carolina · 1975
- State v. . RobinsonSupreme Court of North Carolina · 1938
- State v. . EllerbeSupreme Court of North Carolina · 1944
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