State v. Trull
Supreme Court of North Carolina
The prisoner was convicted before Shew, J., at June Term, 1914, of MeckleNBURG, of murder, in tbe first degree, of Sidney Swain, wbo was killed by a blow on tbe bead witb an iron pipe, after midnight on Saturday, 16 April, 1914, while going home from bis store.
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The prisoner was convicted before Shew, J., at June Term, 1914, of MeckleNBURG, of murder, in tbe first degree, of Sidney Swain, wbo was killed by a blow on tbe bead witb an iron pipe, after midnight on Saturday, 16 April, 1914, while going home from bis store. It was in evidence that tbe deceased, before leaving bis store about 12 :20 at night, took from tbe money drawer all tbe cash therein, about $225 having been taken in that day; besides there was in tbe drawer tbe cash taken in for three or four days previously, and that when bis body was found there was only $3 in bis hip pocket; that…
1Opinion of the CourtClark, C. J.
There are no exceptions to the evidence. Exceptions 1, 2, and 3 are to the refusal of the court to give three special instructions requested as to circumstantial evidence.
The first request was to charge that “Where the State relies wholly upon circumstantial evidence for conviction it is incumbent upon the State to establish each circumstance beyond a reasonable doubt. In this case the State alleges that the deceased was murdered by the defendant, the motive being robbery; and it alleges that the money taken from the defendant’s person and also off the witness Barton was the identical money…
2Cases cited21 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Lewis v. . FountainSupreme Court of North Carolina · 1915
- State v. . CraneSupreme Court of North Carolina · 1892
- Burrell v. . HughesSupreme Court of North Carolina · 1897
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3Cited by7 opinions
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- Mimms v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1922
- State v. DavisCourt of Appeals of North Carolina · 1975
- State v. . JimmersonSupreme Court of North Carolina · 1896
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