State v. . Simonds
Supreme Court of North Carolina
Appeal from Joseph 8. Adams, J., at November Term, 1910, of BUNCOMBE. The defendant was indicted for the murder of Albert Murphy. Before the jury was impaneled the solicitor for the State stated that he would not ask for murder in the first degree, but only for a verdict of murder in the second degree or manslaughter. The jury rendered a verdict of manslaughter. From the judgment of the court the defendant appealed.
1Opinion of the CourtBrown, J.
The evidence tends to prove that the deceased was killed by defendant at the residence of one Mollie Brooks about midnight on 10 June, 1909, in the city of Asheville; that illicit relations existed between the woman and the defendant; that the deceased came to the house, while the woman was out, and inquired of defendant her whereabouts. The deceased and defendant had some words, and a pistol duel ensued, in which defendant fired four times and killed deceased. The defendant admitted the killing and set up the plea of self-defense.
The defendant, represented by counsel, was introduced as a…
2Cases cited4 opinions
- State v. . AllenSupreme Court of North Carolina · 1890
- State v. Worley.Supreme Court of North Carolina · 1906
- State v. . ThomasSupreme Court of North Carolina · 1887
- State v. CastleSupreme Court of North Carolina · 1903
3Cited by24 opinions
- S. v. . BlackwellSupreme Court of North Carolina · 1913
- State v. . SpencerSupreme Court of North Carolina · 1918
- S. v. . VannSupreme Court of North Carolina · 1913
- State v. . FosterSupreme Court of North Carolina · 1916
- State v. LaneSupreme Court of North Carolina · 1914
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