State v. . Haywood
Supreme Court of North Carolina
Murder, tried before Green, J-, at May Term, 1867, of the criminal court of Craven. The prisoner, a colored man, was indicted for killing Tilicha Keyes, a colored woman. The deceased lived with the family of one Foreman, who kept a grocery. The prisoner and a brother had been drinking at the shop the day before the homicide. On the day of the homicide the prisoner had been in the shop, but went out and soon returned armed with a gun and pistol.
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Murder, tried before Green, J-, at May Term, 1867, of the criminal court of Craven. The prisoner, a colored man, was indicted for killing Tilicha Keyes, a colored woman. The deceased lived with the family of one Foreman, who kept a grocery. The prisoner and a brother had been drinking at the shop the day before the homicide. On the day of the homicide the prisoner had been in the shop, but went out and soon returned armed with a gun and pistol. As he entered he laid the pistol on the counter, and said “ What in the hell is. that you say,” holding the muzzle of the gun to the head of the…
1Opinion of the CourtPearson, C. J.
The only ground taken in this court was that the Judge erred in declining to charge that, if the prisoner was handling the gun in a careless and negligent manner, and it accidentally went off, the killing was mitigated to manslaughter. His Honor refused so to charge, on the ground that there was no evidence to sustain that view of the case. There is no error.
The evidence relied on ■ by the prisoner’s counsel was that the lock of the gun was out of order and it would not stand at half-cock.” This evidence may have been ground for a “ conjecture ” that by possibility the gun went off…
2Cited by25 opinions
- State v. . HarrisSupreme Court of North Carolina · 1943
- State v. SpenceSupreme Court of North Carolina · 1967
- State v. PhillipsSupreme Court of North Carolina · 1965
- State v. . GregorySupreme Court of North Carolina · 1932
- State v. . CreechSupreme Court of North Carolina · 1949
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