State v. Fisher.
Supreme Court of North Carolina
ActioN tried before Ferguson, J., and a jury, Fall Term, 1908, of Polk. The prisoner was indicted for, and convicted of, the murder in the second degree of R. F. W. Alston, and appealed from the judgment of the Court. • '
1Opinion of the Court
.IhiowK, J.
The prisoner assigns as error the refusal of the Court to instruct the jury that there is no evidence of murder in the first degree. It is unnecessary to consider this exception as the prisoner was convicted of the lesser offense of murder in the second degree. State v. McCourry, 128 N. C., 599.
The next four assignments of error relate; to the exclusion of certain evidence for the purpose of proving that the deceased was a dangerous and violent man. The questions ashed for .the purpose of eleciting such evidence were put to the State’s witness, Swann, upon .cross-examination by…
2Cases cited2 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. McCourry.Supreme Court of North Carolina · 1901
3Cited by3 opinions
- State v. . RobertsonSupreme Court of North Carolina · 1914
- State v. RobertsonSupreme Court of North Carolina · 1914
- State v. HarrisCourt of Appeals of North Carolina · 1980