State v. . Heavener
Supreme Court of North Carolina
Appeau by defendant from Webb, J., at February Term, 1914, of Catawba. • The defendant was indicted for the .murder of one Summey Huffman. It appears that, on or about 1 November, 1913, the deceased went to the store of the accused. At the time of the homicide there was no one in the store but the prisoner, his wife, the deceased, and one A. "W. Rhine-hardt.
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Appeau by defendant from Webb, J., at February Term, 1914, of Catawba. • The defendant was indicted for the .murder of one Summey Huffman. It appears that, on or about 1 November, 1913, the deceased went to the store of the accused. At the time of the homicide there was no one in the store but the prisoner, his wife, the deceased, and one A. "W. Rhine-hardt. Heavener and Huffman became involved in a quarrel, and Heavener shot Huffman three times, twice in the chest, once on the left side, and once on the right side, and the third shot struck the upper and back part of the head — about the…
1Opinion of the Court
Waleer, J\,
after stating the case: We will consider the exceptions in the order of their statement by the appellant.
Exceptions 1 and 2 were taken to the rulings of the court excluding evidence offered by the prisoner. The questions, to which the State objected, were in fact answered, so that no harm was done. Besides, these assignments of error are not mentioned in the prisoner’s brief, and are, therefore, to be considered as abandoned by him, under Rule 34 of this Court (164 N. C., 551), which provides: “Exceptions in the record not set out in the appellant’s brief, or in support of which no…
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