State v. . Dowden
Supreme Court of North Carolina
IndiotmeNt foe MURDER, tried before Meares, J., at the February Term, 1896, of the Circuit Criminal Court of Halifax County.
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IndiotmeNt foe MURDER, tried before Meares, J., at the February Term, 1896, of the Circuit Criminal Court of Halifax County. The prisoner was indicted for the murder of M. M. Dodd, a locomotive engineer of the Seaboard Air Line, at Weldon, N. 0., on the 22d February, 1896. The prisoner was found guilty of murder in the first degree, and the judgment of the court was duly prayed, and the prisoner was sentenced by the court to be hanged on-the 17th day of March, A. D. 1896. The prisoner introduced no testimony and no exceptions were taken on the trial to any of the rulings of the court, and no…
1Opinion of the Court
Avery, J.:
Counsel for the prisoner contended that the charge of the court came within the condemnation of the ruling in State v. Fuller, 114 N. C., 885, in that the definition of murder in the first degree was left in doubt and uncertainty, and the jury were liable to be misled by inconsistent'pi’opositions of law contained in different portions of it.
It is probable that the instruction would have been more clearly understood by the jury had the judge told them, in the outset, that the killing, (which, according to all of the testimony, was done with a deadly weapon,) being proved or…
2Cases cited2 opinions
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . McCormacSupreme Court of North Carolina · 1895
3Cited by35 opinions
- State v. FosterSupreme Court of North Carolina · 1902
- Cook v. StateSupreme Court of Florida · 1903
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. . EvansSupreme Court of North Carolina · 1929
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