State v. . McCormac
Supreme Court of North Carolina
Indictment for murder, tried before Brown, J,, and a jury, at October Term, 1894, of EobesoN Superior Court. The defendant was charged with the murder of Thomas Smith on the 3d July,-1894, was convicted and appealed. The facts sufficiently appear in the opinion of Associate Justice Avery.
1Opinion of the Court
Avery, J.:
It is not essential that the prosecution, in order to showjprima facie premeditation and deliberation on the part of a prisoner charged with murder in the first degree, should offer testimony tending to prove a preconceived purpose to kill, formed at a time anterior to the meeting when it was carried into execution. “In order to conviction of murder in the first degree (said this Court in State v. Norwood, 115 N. C., 789) as the Judge below properly instructed the jury, it is necessary that the State should show that the prisoner deliberately determined to take the child’s life by…
2Cases cited2 opinions
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . NorwoodSupreme Court of North Carolina · 1894
3Cited by44 opinions
- State v. . NewsomeSupreme Court of North Carolina · 1928
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. . ThomasSupreme Court of North Carolina · 1896
- Forehand v. StateSupreme Court of Florida · 1936
- State v. . DowdenSupreme Court of North Carolina · 1896
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