State v. . Matthews
Supreme Court of North Carolina
Indictment for Murder, removed from Yadkin and tried at Fall Term, 1877, of Forsythe Superior Court, before Cox, J. The defendants were charged with the killing of one Costin D. Butner.
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Indictment for Murder, removed from Yadkin and tried at Fall Term, 1877, of Forsythe Superior Court, before Cox, J. The defendants were charged with the killing of one Costin D. Butner. The evidence was substantially as follows; Frank Matthews, a witness for the State, testified that the homicide was committed opposite the defendant Humphreys’house on the Yadkinville road; that he. was at his home on the afternoon of the day of the killing, about 300 yards from the road, and upon his hearing loud cursing he went over and saw the deceased, defendants, and John Carter, Cannady Carter, and…
1Opinion of the CourtRodman, J.
llierc is a difference in the cases ©f these two defendants, and they will require to be separately considered. But there are some observations applicable to both. Both were indicted for the murder of Butner, and both were convicted of manslaughter.
The case apparently professes to set forth all the evidence' given upon the trial. But probably it omits some that was-given, because the instructions asked for by the counsel for the defendants, and those given by the Judge, seem to bé founded on the assumption of certain facts, which do not appear, or at least do not directly appear, in the…
2Cases cited2 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. . DunlopSupreme Court of North Carolina · 1871
3Cited by52 opinions
- State v. Jarrell.Supreme Court of North Carolina · 1906
- State v. Barrett.Supreme Court of North Carolina · 1903
- McNeill v. . McNeillSupreme Court of North Carolina · 1943
- State v. . GregorySupreme Court of North Carolina · 1932
- State v. . HensleySupreme Court of North Carolina · 1886
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