State v. . Moore
Supreme Court of North Carolina
Appeal by defendant from Grady, J., at January Criminal Term, 1923, of Pitt. Indictment for murder. Tbe State did not insist on a conviction of murder in tbe first degree, and “defendant was put on trial for murder in tbe second degree, or manslaughter.” There was conviction of murder in tbe second degree, and from judgment on tbe verdict defendant excepted and appealed, assigning errors.
1Opinion of the CourtHoke, J.
There was evidence on tbe part of tbe State tending to show that on tbe night of 24 December, 1920, there was a dance for colored people in tbe warehouse of J. N. Gorman in said county, attended by deceased, and tbe prisoner and others. That about 8 :30 p. m. there was a fuss going on between Rosa Davis and her husband, and during this altercation tbe deceased and tbe prisoner became also involved in a quarrel, and prisoner shot and billed the deceased. That fatal shot was fired when the deceased was down and helpless, or just as be was rising-up, and tbe killing was without any adequate…
2Cases cited5 opinions
- State v. . FinchSupreme Court of North Carolina · 1919
- State v. TraylorSupreme Court of North Carolina · 1897
- State v. CloningerSupreme Court of North Carolina · 1908
- State v. . MorseSupreme Court of North Carolina · 1916
- In Re Will of McKaySupreme Court of North Carolina · 1922
3Cited by17 opinions
- State v. . WagstaffSupreme Court of North Carolina · 1941
- State v. WilliamsSupreme Court of North Carolina · 1980
- State v. BridgersSupreme Court of North Carolina · 1951
- State v. . ColsonSupreme Court of North Carolina · 1927
- State v. . WhaleySupreme Court of North Carolina · 1926
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