State v. Finley
Supreme Court of North Carolina
INDICTMENT EOR murder, tried before Bryan, J., at Fall Term, 1895, of McDowell Superior Court. The appellant, A. L. Finley, Jr., and one James Jim-merson, were jointly indicted for murder, and both convicted of murder in the second degree. A. L. Finley, Jr., appealed.
1Opinion of the Court
Montgomery, J.:
The defendants, A. L. Finley and James Jimmerson, were indicted and tried jointly for the murder of L. H. McNish. On the trial his Honor denied a motion made, at the proper time, by the defendant Finley for a severance. The defendant alleged that the defenses of each of the accused were in antagonism as the foundation of the motion. An exception was filed on the ground that the denial of the motion was a gross breach of discretion on the part of the court. Unless the accused suffered some apparent and palpable injustice in the trial below, this Court will not interfere with the…
2Cases cited10 opinions
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . RollinsSupreme Court of North Carolina · 1893
- State v. . BowmanSupreme Court of North Carolina · 1879
- State v. MillsSupreme Court of North Carolina · 1884
- State v. GoochSupreme Court of North Carolina · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. SmithSupreme Court of North Carolina · 1977
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. . KellySupreme Court of North Carolina · 1940
- State v. Teachey.Supreme Court of North Carolina · 1905
- State v. Worley.Supreme Court of North Carolina · 1906
16 more not listed; retrieve them via the Exa API.