Legal Opinion

State v. Horner.

Supreme Court of North Carolina

Decided November 15, 1905PublishedCited by 35 opinions

INDICTMENT for murder against Jas. K. Horner, beard by Judge Geo. W. Ward and a jury, at the August Term, 1905, of the Superior Court of Orange County. From a verdict of murder in the second degree and the sentence thereon, the prisoner appealed.

1Opinion of the CourtConnor, J.

Prisoner was charged with the murder of one Nichols, a deputy sheriff. Deceased was endeavoring to arrest prisoner, having in his hands a warrant for a misdemeanor. After a verdict of murder in the second degree, followed by a judgment, prisoner appeals, assigning a number of errors in His Honor’s rulings. It is not necessary to consider all of the exceptions because if there is no element of self-defense disclosed in the testimony, His Honor correctly instructed the jury that they should find the prisoner guilty of manslaughter at least. There is no exception pointed to the instruction in…

2Cases cited8 opinions

  1. State v. Exum.Supreme Court of North Carolina · 1905
  2. Jenkins v. North Carolina Ore Dressing Co.Supreme Court of North Carolina · 1871
  3. State v. ShawSupreme Court of Vermont · 1901
  4. State v. . DanielsSupreme Court of North Carolina · 1904
  5. State v. . DildySupreme Court of North Carolina · 1875

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3Cited by35 opinions

  1. State v. . PayneSupreme Court of North Carolina · 1938
  2. State v. . SteeleSupreme Court of North Carolina · 1925
  3. State v. PayneSupreme Court of North Carolina · 1938
  4. State v. . LivingstonSupreme Court of North Carolina · 1932
  5. State v. SteeleSupreme Court of North Carolina · 1925

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