State v. Foster
Supreme Court of North Carolina
INDICTMENT against Benjamin Eoster, beard by Judge E. W. Timberlálce and a jury, at October Term, 1901, of tbe Superior Court of Eeanxein County. Tbe deceased and tbe prisoner were employees of one Cop-pedge, and tbe homicide occurred- at tbe barn of said Cop-pedge on Saturday evening just before nigbt.
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INDICTMENT against Benjamin Eoster, beard by Judge E. W. Timberlálce and a jury, at October Term, 1901, of tbe Superior Court of Eeanxein County. Tbe deceased and tbe prisoner were employees of one Cop-pedge, and tbe homicide occurred- at tbe barn of said Cop-pedge on Saturday evening just before nigbt. Tbe deceased,, Eomey Johnson, was unloading guano, bis father, a nephew* and some other persons being present, though it does not appear whether they were assisting in unloading the guano or not. The prisoner passed near the barn, when the nephew called to the prisoner to come and help unload…
1Opinion of the Court
Glare, J.,
after stating the case as above. The appeal showsi only four assignments of error: First, that the Court refused to charge the jury that, upon the whole evidence, they could not convict the prisoner of murder in the first degree; second, that there was error in admitting the evidence of W. J. Johnson as to the difficulty about the bridle, which occurred a month before the homicide; third, for that the Court charged 'that “on the other hand, if the evidence satisfies you beyond a reasonable doubt that the defendant did wilfully, deliberately and with premeditation kill the deceased,…
2Cases cited13 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- State v. CurtisSupreme Court of Missouri · 1879
- State v. . ThomasSupreme Court of North Carolina · 1896
- State v. . DowdenSupreme Court of North Carolina · 1896
- Atkinson v. StateTexas Supreme Court · 1857
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3Cited by54 opinions
- People v. MorrinMichigan Court of Appeals · 1971
- State v. JamesUtah Supreme Court · 1991
- State v. Exum.Supreme Court of North Carolina · 1905
- People v. FowlerCalifornia Supreme Court · 1918
- State v. . LuedersSupreme Court of North Carolina · 1938
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