Legal Opinion

State v. Bracy

Supreme Court of North Carolina

Decided March 22, 1939PublishedCited by 12 opinions

1Opinion of the CourtClabksoN, J.

The question involved: First. Did the court err in instructing the jury, with respect to the insanity, or mental disease, or low order of intelligence to the extent that one is not responsible for his acts offered by-the defendant as a defense in charging the jury? We think not. We think the charge correct.

The following is the complete charge on this aspect: “When insanity, or mental disease, or a low order of intelligence to the extent that one is not responsible for his acts is interposed as a defense in a criminal prosecution, the burden rests with the defendant who sets it up to prove…

2Cases cited12 opinions

  1. State v. . BrittainSupreme Court of North Carolina · 1883
  2. State v. . PottsSupreme Court of North Carolina · 1888
  3. State v. Matthews.Supreme Court of North Carolina · 1906
  4. State v. Spivey.Supreme Court of North Carolina · 1903
  5. State v. . EdwardsSupreme Court of North Carolina · 1937

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. HammondsSupreme Court of North Carolina · 1976
  2. People v. AdamsNew York Court of Appeals · 1970
  3. State v. FranksSupreme Court of North Carolina · 1980
  4. State v. GrimmWest Virginia Supreme Court · 1973
  5. State v. VictorianNew Mexico Supreme Court · 1973

7 more not listed; retrieve them via the Exa API.

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