State v. . Mills
Supreme Court of North Carolina
INDICTMENT for murder, tried before Bynum, J., and a jury, at September Term, 1894, of Waice Superior Court. The defendant was indicted for the murder of lana Wim-berly and pleaded not guilty.
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INDICTMENT for murder, tried before Bynum, J., and a jury, at September Term, 1894, of Waice Superior Court. The defendant was indicted for the murder of lana Wim-berly and pleaded not guilty. On the trial the defendant introduced no evidence and asked in writing that the following instructions be given. 1. Even if the jury shall find as a fact that George Mills inflicted the wounds of which lana Wimberley died, and they shall find that she died of those wounds, yet they cannot find him guilty of murder in the first degree unless you shall also find that the act was the result of…
1Opinion of the CourtFueChes, J.
(after stating the facts): It is not contended by the State that the Court below gave the instructions in the language in which they were asked. But it is contended they were given in substance and effect, and that is all the law required to be done. Bethea v. Railroad, 106 N. C., 279, and many other cases; and upon a careful examination of His Honor’s charge, it seems to us that this is true; that, in substance and effect, the Court did give defendant’s instructions.
The three instructions asked by defendant are very nearly the same, except that the second instruction asked His Honor to…
2Cases cited2 opinions
- State v. FullerSupreme Court of North Carolina · 1894
- Bethea v. Raleigh & Augusta RailroadSupreme Court of North Carolina · 1890
3Cited by2 opinions
- State v. . LowrySupreme Court of North Carolina · 1915
- State v. LowrySupreme Court of North Carolina · 1915