State v. . Gaddy
Supreme Court of North Carolina
Appeal by defendant from Lane, Jat October Term, 1913, of UNION. The defendant was indicted for the murder of Will Gaddy on 29 July, 1913. There was a verdict of manslaughter, on which the defendant was sentenced to two years upon the roads, and he appealed from the judgment.
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Appeal by defendant from Lane, Jat October Term, 1913, of UNION. The defendant was indicted for the murder of Will Gaddy on 29 July, 1913. There was a verdict of manslaughter, on which the defendant was sentenced to two years upon the roads, and he appealed from the judgment. The evidence for the State tends to show that on 29 July, 1913, the deceased was killed by the prisoner, his brother, during a fight in which the prisoner cut the deceased several (seven) times, once in the jugular vein. The evidence for the State is contained in the testimony of Mrs. Mollie Gaddy, widow of the deceased.…
1Opinion of the CourtAlleN, J.
The first exception is to the charge, where his Honor said: “But if an assault is made, and the person assaulted does not apprehend, and does not have reasonable grounds for apprehending, either that his life is in danger or that he is in danger of great bodily harm, it is his duty ordinarily to abandon the contest if a way is open for retreat, before taking the life of his assailant. Under such circumstances, it is the duty of the person assaulted to abandon the contest if he can do so with reasonable safety.”
In this connection, his Honor also charged: “If you find from the evidence that…
2Cases cited4 opinions
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. Hill.Supreme Court of North Carolina · 1906
- State v. Blevins.Supreme Court of North Carolina · 1905
- State v. . DoveSupreme Court of North Carolina · 1911
3Cited by19 opinions
- State v. PearsonSupreme Court of North Carolina · 1975
- State v. . RobinsonSupreme Court of North Carolina · 1938
- State v. . AndersonSupreme Court of North Carolina · 1942
- State v. . HollandSupreme Court of North Carolina · 1927
- State v. RobinsonSupreme Court of North Carolina · 1938
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