State v. . Sewell
Supreme Court of North Carolina
Indictment for murder, tried before his Honor, Judge Saunders, at the Fall Term, 1855, of Perquimons Superior ‘Court. The circumstances of this case disclosed the fact, that the prisoner had shot an old free negro woman (aged about 601) in the eyes and face with a pistol. That about an hour after-wards he was found on a pallet with her, and there were indications that he had ravished her as she lay insensible. There was a jug of liquor on the same pallet.
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Indictment for murder, tried before his Honor, Judge Saunders, at the Fall Term, 1855, of Perquimons Superior ‘Court. The circumstances of this case disclosed the fact, that the prisoner had shot an old free negro woman (aged about 601) in the eyes and face with a pistol. That about an hour after-wards he was found on a pallet with her, and there were indications that he had ravished her as she lay insensible. There was a jug of liquor on the same pallet. There was no question in this Court as to the fact of the killing, and, therefore, the voluminous and minute evidence sent up as part of…
1Opinion of the CourtNash, C. J.
The efficacy of a plea of insanity in shielding from punishment for crime; the necessity of drawing the dark picture of such a state of mind, and tracing out the minute and delicate shades of this sorest affliction to which humanity is subject, is not required at our hands at this time. It is not denied, that insanity, to protect from punishment, must exist at the time the act is perpetrated. This is indeed the very substance of the defense; for, lioAvover great the disease, and in Avhatever form, if, at the time the prisoner commits the act, his mind is then capable of distinguishing between…
2Cited by6 opinions
- State v. . HarrisSupreme Court of North Carolina · 1943
- State v. HarrisSupreme Court of North Carolina · 1943
- State v. FarrellSupreme Court of North Carolina · 1944
- State v. . FarrellSupreme Court of North Carolina · 1944
- Hudson v. . HudsonSupreme Court of North Carolina · 1907
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