State v. Rhyne
Supreme Court of North Carolina
INDICTMENT for murder, tried before Goble, J., at Spring Term, 1899, of Gaston Superior Court. Tbe prisoner was indicted for tbe murder of Tbomas G. Falls. Tbe evidence is fully stated in tbe opinion.
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INDICTMENT for murder, tried before Goble, J., at Spring Term, 1899, of Gaston Superior Court. Tbe prisoner was indicted for tbe murder of Tbomas G. Falls. Tbe evidence is fully stated in tbe opinion. Among tbe special instructions asked by the prisoner were tbe following: 8. In no .aspect of the testimony and under no reasonable inference that can be fairly drawn from it, is tbe prisoner guilty of murder in tbe first degree. 9. At most tbe jury can only convict of murder in tbe sécond degree. 11. There is no evidence of deliberation and premeditation in this case. His Honor declined to give…
1Opinion of the CourtEuroites, J.
The prisoner was indicted and convicted of murder in the first degree, and from the judgment of the Court, he appealed. There are some exceptions taken to the charge, but we have examined them with care and do not think they can be sustained. The charge seems to' be a full, clear and correct enunciation of the law of murder in the first and second degrees, as it exists under the statute of 1893. . The error, if there be error, is in submitting the question of murder in the first degree to the jury upon the evidence in the case. That Thomas Falls had been killed by the prisoner with a deadly…
2Cases cited6 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- State v. . ThomasSupreme Court of North Carolina · 1896
- State v. . McCormacSupreme Court of North Carolina · 1895
- State v. . DowdenSupreme Court of North Carolina · 1896
- State v. . MillerSupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. HankersonSupreme Court of North Carolina · 1975
- State v. BentonSupreme Court of North Carolina · 1970
- State v. DavisSupreme Court of North Carolina · 1982
- State v. HuntSupreme Court of North Carolina · 2003
- State v. BuchananSupreme Court of North Carolina · 1975
12 more not listed; retrieve them via the Exa API.