State v. . Curry
Supreme Court of North Carolina
This was an indictment for murder, tried before his Honor Judge Caldwell, at the Spring Term, 1854, of Northampton Superior Court. The prisoner and the deceased, both free persons of color, started from Gaston to ascend the Roanoke River in a loaded .boafc, assisted by a slave, the deceased being the manager.
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This was an indictment for murder, tried before his Honor Judge Caldwell, at the Spring Term, 1854, of Northampton Superior Court. The prisoner and the deceased, both free persons of color, started from Gaston to ascend the Roanoke River in a loaded .boafc, assisted by a slave, the deceased being the manager. After rowing up the river three-quarters of a mile, they were heard quarrelling by a witness then about one hundred and fifty or two hundred yards behind them in another boat. When the witness first heard them quarreling, the prisoner was standing in the bow, and the deceased in the…
1Opinion of the CourtPearson, J.
If two men fight upon a sudden quarrel, and one be killed, it is but manslaughter, although the death is caused by the use of a deadly weapon.
But if, in such case, the killing be committed in an unusual manner, showing evidently that it is the effect of deliberate wickedness — malice, not passion, it is murder, although there be a high provocation.
It is well settled that this is the genei’al rule and the exception. His Honor was of opinion that the case under consideration fell within the exception, and the prisoner was guilty of murder. There is error.
From the manner in which the case was…
2Cited by4 opinions
- State v. Hough.Supreme Court of North Carolina · 1905
- Young v. . JeffreysSupreme Court of North Carolina · 1838
- State v. . KennedySupreme Court of North Carolina · 1915
- State v. . GoochSupreme Court of North Carolina · 1886