State v. . Floyd
Supreme Court of North Carolina
Indictment for muedeR, tried before Bailey, J., at the last Spring Term of Mecklenburg Superior Court. The defendant was indicted for the murder of one Richard Martin in Gaston county, and the cáse was removed to Meck-lenburg.
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Indictment for muedeR, tried before Bailey, J., at the last Spring Term of Mecklenburg Superior Court. The defendant was indicted for the murder of one Richard Martin in Gaston county, and the cáse was removed to Meck-lenburg. One Dmid McOuTlough, for the State, testified that he came to the blacksmith shop of the deceased about dusk, on the evening of the 17th of December, 1858 ; that a few minutes afterwards, the prisoner came to the shop, and remained talking with the witness and the deceased, apparently friendly ; that the prisoner said to the deceased lie wanted something to eat, upon…
1Opinion of the CourtPeaesoit, C. J.
The prisoner is entitled to a venire de novo, for the reason that, neither of the three positions, given in charge to the jury, hits the case.made by the evidence.
If two engage in a fight upon a sudden quarrel, and one kills with a deadly weapon, it is hut manslaughter, State v. Curry, 1 Jones’ Rep. 280. In this case, there is no suggestion of preconceived malice. The fact, that the prisoner had about his person a deadly weapon, is accounted for by the proof that he had armed himself for a different purpose. The quarrel with the deceased was sudden, and the prisoner had got on his horse, and…
2Cited by13 opinions
- State v. SpauldingSupreme Court of North Carolina · 1979
- State v. RawleySupreme Court of North Carolina · 1953
- State v. Hough.Supreme Court of North Carolina · 1905
- State v. . BakerSupreme Court of North Carolina · 1942
- State v. . HollandSupreme Court of North Carolina · 1927
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