State v. . Blackwelder
Supreme Court of North Carolina
CRIMINAL action, tried before Bryson, J., and a jury, at tbe April Term, 1921, of Cabarrus. Frank Blackwelder and Sid McDaniel were indicted for tbe murder of M. W. Allman, but Blackwelder only was tried. When tbe case was called for trial, tbe solicitor announced tbat be would not request a verdict for murder in tbe first degree, but only for murder in tbe second degree, or for manslaughter, as tbe evidence might warrant.
Read the full summary
CRIMINAL action, tried before Bryson, J., and a jury, at tbe April Term, 1921, of Cabarrus. Frank Blackwelder and Sid McDaniel were indicted for tbe murder of M. W. Allman, but Blackwelder only was tried. When tbe case was called for trial, tbe solicitor announced tbat be would not request a verdict for murder in tbe first degree, but only for murder in tbe second degree, or for manslaughter, as tbe evidence might warrant. Tbe jury returned a verdict against Blackwelder for murder in tbe second degree. Tbe judgment of the court was pronounced, and the defendant, having entered exceptions of…
1Opinion of the CourtAdams, J.
Tbe State’s theory of the case is diametrically opposed to that of the defendant. At the trial the State contended that Black-welder and McDaniel, in the presence of the deceased, had broken and entered into his garage with intent to steal his car, and were, therefore, guilty of a felony, for the commission of which the deceased had a legal right to arrest them without a warrant. C. S., 4235, 4543.
The defendant contended that neither he nor McDaniel had gone to the garage of the deceased; and that the deceased, having no authority to make the arrest, fired the first shot, and the defendant…
2Cases cited8 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Pleasants v. FantSupreme Court of the United States · 1875
- State v. . VinsonSupreme Court of North Carolina · 1869
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- State v. . MasseySupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . DavenportSupreme Court of North Carolina · 1947
- State v. BealSupreme Court of North Carolina · 1930
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. DavenportSupreme Court of North Carolina · 1947
33 more not listed; retrieve them via the Exa API.