State v. . Willis
Supreme Court of North Carolina
Murder, tried before Buxton, J., at Spring Term 1868 of tbe Superior Court of Ware. Upon tbe trial it was shown by tbe State, and admitted by tbe prisoner, that tbe latter killed tbe deceased by intentionally stabbing him with a knife, which was exhibited, and admitted to be a deadly weapon.
Read the full summary
Murder, tried before Buxton, J., at Spring Term 1868 of tbe Superior Court of Ware. Upon tbe trial it was shown by tbe State, and admitted by tbe prisoner, that tbe latter killed tbe deceased by intentionally stabbing him with a knife, which was exhibited, and admitted to be a deadly weapon. Tbe Court was asked by the prisoner to charge tbe jury that tbe State was required to establish to tbe satisfaction of tbe jury, beyond a reasonable doubt, tbe commission by the prisoner of tbe particular act for which it asked bis conviction. This tbe Court declined to do, and tbe prisoner ■excepted.…
1Opinion of the CourtBattle, J.
The exception of the prisoner raises fairly and distinctly the question, whether upon the trial of an indictment for murder, the fact of killing with a deadly weapon being admitted or proved, the burden of showing any matter of mitigation, excuse, or justification, is thrown upon the prisoner, or whether it still remains upon the State to prove, beyond a reasonable doubt that the act of killing was done with malice prepense, express or implied. It has, as we think, always been considered as the rule in this State, that from the fact of killing with a deadly weapon, the law will imply malice,…
2Cited by64 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- State v. HankersonSupreme Court of North Carolina · 1975
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. FullerSupreme Court of North Carolina · 1894
59 more not listed; retrieve them via the Exa API.