State v. . Pasour
Supreme Court of North Carolina
Appeal by defendant from Bay, Jat tbe November Special Term, 1921, of GastoN. Tbe indictment charged tbe defendant with tbe murder of Eli Pasour, bis father. Tbe State prosecuted only fo'r murder in tbe second degree •or manslaughter. The defendant admitted that he shot and killed the deceased with a pistol, and introduced evidence tending to show self-defense. Other circumstances relevant to the exceptions are stated in the opinion.
1Opinion of the CourtAdams, J.
Both before and after he had introduced evidence, the defendant moved to dismiss the prosecution as in case of nonsuit, and duly excepted to the court’s denial of his motion. The exceptions, therefore, require a consideration of the entire evidence. C. S., 4643; S. v. Killian, 173 N. C., 792. The defendant admitted that he fired the fatal, shot, but testified that he acted in self-defense. The intentional killing of a human being with a deadly weapon implies malice, and, nothing else appearing, constitutes murder in the second degree. "When this: implication is raised by an admission or proof…
2Cases cited5 opinions
- State v. . QuickSupreme Court of North Carolina · 1909
- State v. Barrett.Supreme Court of North Carolina · 1903
- State v. . YatesSupreme Court of North Carolina · 1911
- State v. CappsSupreme Court of North Carolina · 1904
- State v. . OrrSupreme Court of North Carolina · 1917
3Cited by7 opinions
- State v. NorrisSupreme Court of North Carolina · 1955
- State v. PhillipsSupreme Court of North Carolina · 1965
- State v. . GregorySupreme Court of North Carolina · 1932
- State v. . KeatonSupreme Court of North Carolina · 1934
- State v. . NortonSupreme Court of North Carolina · 1942
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