State v. Merrick
Supreme Court of North Carolina
INdictmeNt for murder of Leon B. Hudson, deceased, tried before Daniels, J., and a jury, at November Term, 1915, of New Hanover. Tbe evidence on the part of the State showed that on 31 August, 1915, deceased was killed by a gunshot wound, intentionally inflicted by defendant. There was no testimony offered by defendant, and, on the facts in evidence, the jury rendered a verdict of guilty of murder in the first degree.
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INdictmeNt for murder of Leon B. Hudson, deceased, tried before Daniels, J., and a jury, at November Term, 1915, of New Hanover. Tbe evidence on the part of the State showed that on 31 August, 1915, deceased was killed by a gunshot wound, intentionally inflicted by defendant. There was no testimony offered by defendant, and, on the facts in evidence, the jury rendered a verdict of guilty of murder in the first degree. Sentence imposing the death penalty, and defendant appealed and, pursuant to exceptions duly entered,' among other things, made assignments of error in effect as follows: 1.…
1Opinion of the CourtHoke, J.
In general terms, manslaughter is said to be tbe unlawful killing of another without malice, an instance of tbe crime so defined being where one unlawfully kills another by reason of tbe anger suddenly aroused by provocation which tbe law deems adequate; anger naturally aroused from such provocation and tbe killing being done before time has elapsed for “passion to subside and reason to reassume her sway.” In such case tbe anger so aroused is held to displace malice and will reduce tbe unlawful homicide to the grade of manslaughter. S. v. Baldwin, 152 N. C., 822; S. v. Hill, 20 N. C., 629;…
2Cases cited20 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Carleton v. StateNebraska Supreme Court · 1895
- State v. FosterSupreme Court of North Carolina · 1902
- State v. . BaldwinSupreme Court of North Carolina · 1910
15 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- State v. MercerSupreme Court of North Carolina · 1969
- Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
- State v. NorrisSupreme Court of North Carolina · 1981
- State v. WilliamsSupreme Court of North Carolina · 1973
- State v. FreemanSupreme Court of North Carolina · 1969
35 more not listed; retrieve them via the Exa API.